Common use of Billing and Payment Clause in Contracts

Billing and Payment. 10.1 Based on the Tickets for the Term of the Agreement during which Sales Gas was supplied, within three (3) days from the End Date, the Sellers’ Representative shall raise an invoice on the Buyer for the quantity of Sales Gas delivered to the Buyer at the Delivery Point. 10.2 The invoice shall set out among other things: (a) the quantities of Sales Gas delivered to the Buyer (in SCM and MMBTU) including AGS if applicable; (b) GNT Quantity, GNT Amount, Make up Gas and Sellers Supply Deficiency, Price Adjustment as the case may be if applicable; (c) the Daily Gross Calorific Value of Sales Gas referred above in Kilocalories per SCM; (d) the amount of taxes, if any, payable by the Buyer on the Sales Gas delivered; (e) the interest on delayed payment for previous invoices, if any. 10.3 Buyer shall make the payment on or before the “Due Date” which shall be 26th May 2023. 10.4 Invoices for the supply of Sales Gas to the Buyer shall be raised in United States Dollars (USD) and payment shall be made: (a) in USD to CEHL to their designated account or accounts (in relation to its percentage interest share not exceeding 100% in aggregate as set out in the Sales Gas invoice from time to time); and (b) in Indian Rupees (INR) to ONGC and Vedanta to the credit of their designated account(s) with a bank in India (in relation to their respective percentage interest share not exceeding 100% in aggregate as set out in the Sales Gas invoice from time to time). (c) the cumulative percentage interest share of Sellers shall not exceed one hundred (100%) percentage. 10.5 In relation to payments to be made in INR, the rate of exchange to be applied to convert the invoiced amount in USD to an amount expressed in INR shall be average of the daily exchange rate as published by Financial Benchmarks India Private Limited applicable for the Term of the Agreement during which supply of Sales Gas is made. For the settlement of GNT amount and Price Adjustment amount, average of the daily exchange rate for relevant quarter will be considered. The exchange rate so calculated shall be rounded off to two decimal places. 10.6 All duties, taxes, levies mentioned in the invoice to be paid to designated bank account mentioned in the invoice in INR by applying exchange rate in accordance with clause 10.5 of the Agreement. 10.7 On the Due Date if ▇▇▇▇▇’s bank is closed but Sellers’ banks are open, ▇▇▇▇▇ will arrange remittance on or before the Due Date. In case, if both ▇▇▇▇▇’s and Sellers’ banks are closed on the said Due Date, the payment can be made on the following day of the aforesaid Due Date. In case, if both the Buyer and Sellers banks are closed for two or more consecutive days, any payment due on the first day shall be made on the day prior to the Due Date of payment and any such payment due on the second or any following day shall be made on the first working day following such closure. 10.8 If the Buyer has a bona fide dispute as to any amount, quantity, value or sum mentioned in an invoice (the “Disputed Item”), the Buyer shall notify the Sellers in writing within two (2) days of receiving the invoice. The notice shall specify the Disputed Item and the reasons why the Buyer disputes such item. Whether or not any sum is disputed, the Buyer shall make payment of the entire invoice amount as per Clause 10.3. 10.9 The Sellers and the Buyer shall resolve the Disputed Item as provided for in accordance with Clause 17. The amount agreed or determined to be due in relation to the Disputed Item shall be paid within fourteen (14) days from the date that the Dispute Item is resolved. If a dispute is decided in favour of ▇▇▇▇▇, Sellers shall refund the overpayment within fourteen (14) days following resolution of the Dispute Item and Sellers shall pay interest at the Interest calculated for each day as per Clause 10.10 for the period from the day that the overpayment is made by Buyer until the date of refund by ▇▇▇▇▇▇▇. 10.10 If a Party fails to pay any sum due and owing under this Agreement by the Due Date, the interest on that sum shall accrue from the date when such payment was due, until the date the payment is finally made. The Interest shall be calculated, in the case of INR payments as SBI one-month Marginal Cost of Funds based Lending Rate (SBI MCLR) applicable on the due date plus five percentage (5%) points compounded for the Term of the Agreement, and in case of USD payments as LIBOR (6-month United States Dollars LIBOR as published by Reuters and applicable on the due date) plus five percentage (5%) points compounded quarterly.

Appears in 4 contracts

Sources: Gas Sale Agreement, Gas Sale Agreement, Gas Sale Agreement

Billing and Payment. 10.1 Based on the Tickets for the Term of the Agreement Fortnight during which Sales Gas was supplied, within three (3) days from the End Datestart of the succeeding Fortnight, the Sellers’ Representative shall raise an invoice on the Buyer for the quantity of Sales Gas delivered to the Buyer at the Delivery PointPoint in the preceding Fortnight. 10.2 The invoice for each Fortnight shall set out among other things: (a) the quantities of Sales Gas delivered to the Buyer (in SCM and MMBTU) including AGS if applicable; (b) GNT Quantity, GNT Amount, Make up Gas and Sellers Supply Deficiency, Price Adjustment (only in 1st Fortnight invoice of every Quarter) as the case may be if applicable; (c) the Daily Gross Calorific Value of Sales Gas referred above in Kilocalories per SCM; (d) the amount of taxes, if any, payable by the Buyer on the Sales Gas delivereddelivered during the Fortnight; (e) the interest on delayed payment for previous invoices, if any. 10.3 Invoicing shall be done on Fortnightly basis and the Buyer shall make the payment on or before the “Due Date” which shall be 26th May 202322nd of every Month for the supplies made during the first Fortnight and 7th of every succeeding Month for the supplies made during the second Fortnight of any Month. 10.4 Invoices for the supply of Sales Gas to the Buyer shall be raised in United States Dollars (USD) and payment shall be made: (a) in USD to CEHL to their designated account or accounts (in relation to its percentage interest share not exceeding 100% in aggregate as set out in the Sales Gas invoice from time to time); and (b) in Indian Rupees (INR) to ONGC and Vedanta to the credit of their designated account(s) with a bank in India (in relation to their respective percentage interest share not exceeding 100% in aggregate as set out in the Sales Gas invoice from time to time). (c) the cumulative percentage interest share of Sellers shall not exceed one hundred (100%) percentage. 10.5 In relation to payments to be made in INR, the rate of exchange to be applied to convert the invoiced amount in USD to an amount expressed in INR shall be average of the daily exchange rate as published by Financial Benchmarks India Private Limited applicable for the Term of the Agreement Fortnight during which supply of Sales Gas is made. For the settlement of GNT amount and Price Adjustment amount, average of the daily exchange rate for relevant quarter will be considered. The exchange rate so calculated shall be rounded off to two decimal places. 10.6 All duties, taxes, levies mentioned in the invoice to be paid to designated bank account mentioned in the invoice in INR by applying exchange rate in accordance with clause 10.5 of the Agreement. 10.7 On the Due Date if ▇▇▇▇▇’s bank is closed but Sellers’ banks are open, ▇▇▇▇▇ will arrange remittance on or before the Due Date. In case, if both ▇▇▇▇▇’s and Sellers’ banks are closed on the said Due Date, the payment can be made on the following day of the aforesaid Due Date. In case, if both the Buyer and Sellers banks are closed for two or more consecutive days, any payment due on the first day shall be made on the day prior to the Due Date of payment and any such payment due on the second or any following day shall be made on the first working day following such closure. 10.8 In case Sellers raise the invoice after three (3) days i.e., after 18th of every Month for supplies made during the first Fortnight and after 3rd of every Month for supplies made during the second Fortnight then Due Date shall be extended by the number of day(s) by which invoice has been delayed beyond the stipulated three (3) days. 10.9 If the Buyer has a bona fide dispute as to any amount, quantity, value or sum mentioned in an invoice (the “Disputed Item”), the Buyer shall notify the Sellers in writing within two seven (27) days of receiving the invoice. The notice shall specify the Disputed Item and the reasons why the Buyer disputes such item. Whether or not any sum is disputed, the Buyer shall make payment of the entire invoice amount as per Clause 10.3. 10.9 10.10 The Sellers and the Buyer shall resolve the Disputed Item as provided for in accordance with Clause 17. The amount agreed or determined to be due in relation to the Disputed Item shall be paid within fourteen (14) days from the date that the Dispute Item is resolved. If a dispute is decided in favour of ▇▇▇▇▇, Sellers shall refund the overpayment within fourteen (14) days following resolution of the Dispute Item and Sellers shall pay interest at the Interest calculated for each day as per Clause 10.10 10.11 for the period from the day that the overpayment is made by Buyer until the date of refund by ▇▇▇▇▇▇▇. 10.10 10.11 If a Party fails to pay any sum due and owing under this Agreement by the Due Date, the interest on that sum shall accrue from the date when such payment was due, until the date the payment is finally made. The Interest shall be calculated, in the case of INR payments as SBI one-month Marginal Cost of Funds based Lending Rate (SBI MCLR) applicable on the due date plus five percentage (5%) points compounded for the Term of the Agreementquarterly, and in case of USD payments as LIBOR (6-6 month United States Dollars LIBOR as published by Reuters and applicable on the due date) plus five two percentage (52%) points compounded quarterly.

Appears in 3 contracts

Sources: Gas Sale Agreement, Gas Sale Agreement, Gas Sale Agreement

Billing and Payment. 10.1 Based on the Tickets for the Term of the Agreement Fortnight during which Sales Gas was supplied, within three (3) days from the End Date, the Sellers’ Representative shall raise an invoice on the Buyer for the quantity of Sales Gas delivered to the Buyer at the Delivery PointPoint in the preceding Fortnight. 10.2 The invoice for the Fortnight shall set out among other things: (a) the quantities of Sales Gas delivered to the Buyer (in SCM and MMBTU) including AGS if applicable; (b) GNT Quantity, GNT Amount, Make up Gas and Sellers Supply Deficiency, Price Adjustment (only in 1st Fortnight invoice) as the case may be if applicable; (c) the Daily Gross Calorific Value of Sales Gas referred above in Kilocalories per SCM; (d) the amount of taxes, if any, payable by the Buyer on the Sales Gas delivereddelivered during the Fortnight; (e) the interest on delayed payment for previous invoices, if any. 10.3 Buyer shall make the payment on or before the “Due Date” which shall be 26th May 22nd April 2023. 10.4 Invoices for the supply of Sales Gas to the Buyer shall be raised in United States Dollars (USD) and payment shall be made: (a) in USD to CEHL to their designated account or accounts (in relation to its percentage interest share not exceeding 100% in aggregate as set out in the Sales Gas invoice from time to time); and (b) in Indian Rupees (INR) to ONGC and Vedanta to the credit of their designated account(s) with a bank in India (in relation to their respective percentage interest share not exceeding 100% in aggregate as set out in the Sales Gas invoice from time to time). (c) the cumulative percentage interest share of Sellers shall not exceed one hundred (100%) percentage. 10.5 In relation to payments to be made in INR, the rate of exchange to be applied to convert the invoiced amount in USD to an amount expressed in INR shall be average of the daily exchange rate as published by Financial Benchmarks India Private Limited applicable for the Term of the Agreement Fortnight during which supply of Sales Gas is made. For the settlement of GNT amount and Price Adjustment amount, average of the daily exchange rate for relevant quarter will be considered. The exchange rate so calculated shall be rounded off to two decimal places. 10.6 All duties, taxes, levies mentioned in the invoice to be paid to designated bank account mentioned in the invoice in INR by applying exchange rate in accordance with clause 10.5 of the Agreement. 10.7 On the Due Date if ▇▇▇▇▇’s bank is closed but Sellers’ banks are open, ▇▇▇▇▇ will arrange remittance on or before the Due Date. In case, if both ▇▇▇▇▇’s and Sellers’ banks are closed on the said Due Date, the payment can be made on the following day of the aforesaid Due Date. In case, if both the Buyer and Sellers banks are closed for two or more consecutive days, any payment due on the first day shall be made on the day prior to the Due Date of payment and any such payment due on the second or any following day shall be made on the first working day following such closure. 10.8 In case Sellers raise the invoice after three (3) days i.e., after 18th of every Month for supplies made during the first Fortnight and after 3rd of every Month for supplies made during the second Fortnight then Due Date shall be extended by the number of day(s) by which invoice has been delayed beyond the stipulated three (3) days. 10.9 If the Buyer has a bona fide dispute as to any amount, quantity, value or sum mentioned in an invoice (the “Disputed Item”), the Buyer shall notify the Sellers in writing within two seven (27) days of receiving the invoice. The notice shall specify the Disputed Item and the reasons why the Buyer disputes such item. Whether or not any sum is disputed, the Buyer shall make payment of the entire invoice amount as per Clause 10.3. 10.9 10.10 The Sellers and the Buyer shall resolve the Disputed Item as provided for in accordance with Clause 17. The amount agreed or determined to be due in relation to the Disputed Item shall be paid within fourteen (14) days from the date that the Dispute Item is resolved. If a dispute is decided in favour of ▇▇▇▇▇, Sellers shall refund the overpayment within fourteen (14) days following resolution of the Dispute Item and Sellers shall pay interest at the Interest calculated for each day as per Clause 10.10 10.11 for the period from the day that the overpayment is made by Buyer until the date of refund by ▇▇▇▇▇▇▇. 10.10 10.11 If a Party fails to pay any sum due and owing under this Agreement by the Due Date, the interest on that sum shall accrue from the date when such payment was due, until the date the payment is finally made. The Interest shall be calculated, in the case of INR payments as SBI one-month Marginal Cost of Funds based Lending Rate (SBI MCLR) applicable on the due date plus five percentage (5%) points compounded for the Term of the Agreement, and in case of USD payments as LIBOR (6-month United States Dollars LIBOR as published by Reuters and applicable on the due date) plus five two percentage (52%) points compounded quarterly.

Appears in 3 contracts

Sources: Gas Sale Agreement, Gas Sale Agreement, Gas Sale Agreement

Billing and Payment. 10.1 10.1. Based on the Tickets for the Term of the Agreement Fortnight during which Sales Gas was supplied, within three (3) days from the End Datestart of the succeeding Fortnight, the Sellers’ Representative shall raise an invoice on the Buyer for the quantity of Sales Gas delivered to the Buyer at the Delivery PointPoint in the preceding Fortnight. 10.2 10.2. The invoice for each Fortnight shall set out among other things: (a) the quantities of Sales Gas delivered to the Buyer (in SCM and MMBTU) including AGS if applicable; (b) GNT MGNT Quantity, GNT MGNT Amount, Make up Gas and Monthly Sellers Supply Deficiency, Monthly Price Adjustment (only in 1st Fortnight invoice of every Month) as the case may be if applicable; (c) the Daily Gross Calorific Value of Sales Gas referred above in Kilocalories per SCM; (d) the amount of taxes, if any, payable by the Buyer on the Sales Gas delivereddelivered during the Fortnight; (e) the interest on delayed payment for previous invoices, if any. 10.3 10.3. Invoicing shall be done on Fortnightly basis and the Buyer shall make the payment on or before the “Due Date” which shall be 26th May 202322nd of every Month for the supplies made during the first Fortnight and 7th of every succeeding Month for the supplies made during the second Fortnight of any Month. 10.4 10.4. Invoices for the supply of Sales Gas to the Buyer shall be raised in United States Dollars (USD) and payment shall be made: (a) in USD to CEHL to their designated account or accounts (in relation to its percentage interest share not exceeding 100% in aggregate as set out in the Sales Gas invoice from time to time); and (b) in Indian Rupees (INR) to ONGC and Vedanta to the credit of their designated account(s) with a bank in India (in relation to their respective percentage interest share not exceeding 100% in aggregate as set out in the Sales Gas invoice from time to time). (c) the cumulative percentage interest share of Sellers shall not exceed one hundred (100%) percentage. 10.5 10.5. In relation to payments to be made in INR, the rate of exchange to be applied to convert the invoiced amount in USD to an amount expressed in INR shall be average of the daily exchange rate as published by Financial Benchmarks India Private Limited applicable for the Term of the Agreement Fortnight during which supply of Sales Gas is made. For the settlement of GNT MGNT amount and Monthly Price Adjustment amount, average of the daily exchange rate for relevant quarter month will be considered. The exchange rate so calculated shall be rounded off to two decimal places. 10.6 10.6. All duties, taxes, levies ▇▇▇▇▇▇ mentioned in the invoice to be paid to designated bank account mentioned in the invoice in INR by applying exchange rate in accordance with clause 10.5 of the Agreement. 10.7 10.7. On the Due Date if ▇▇▇▇▇’s bank is closed but Sellers’ banks are open, ▇▇▇▇▇ Buyer will arrange remittance on or before the Due Date. In case, if both ▇▇▇▇▇’s and Sellers’ banks are closed on the said Due Date, the payment can be made on the following day of the aforesaid Due Date. In case, if both the Buyer and Sellers banks are closed for two or more consecutive days, any payment due on the first day shall be made on the day prior to the Due Date of payment and any such payment due on the second or any following day shall be made on the first working day following such closure. 10.8 10.8. In case Sellers raise the invoice after three (3) days i.e., after 18th of every Month for supplies made during the first Fortnight and after 3rd of every Month for supplies made during the second Fortnight then Due Date shall be extended by the number of day(s) by which invoice has been delayed beyond the stipulated three (3) days. 10.9. If the Buyer has a bona fide dispute as to any amount, quantity, value or sum mentioned in an invoice (the “Disputed Item”), the Buyer shall notify the Sellers in writing within two seven (27) days of receiving the invoice. The notice shall specify the Disputed Item and the reasons why the Buyer disputes such item. Whether or not any sum is disputed, the Buyer shall make payment of the entire invoice amount as per Clause 10.3. 10.9 10.10. The Sellers and the Buyer shall resolve the Disputed Item as provided for in accordance with Clause 17. The amount agreed or determined to be due in relation to the Disputed Item shall be paid within fourteen (14) days from the date that the Dispute Item is resolved. If a dispute is decided in favour of ▇▇▇▇▇, Sellers shall refund the overpayment within fourteen (14) days following resolution of the Dispute Item and Sellers shall pay interest at the Interest calculated for each day as per Clause 10.10 10.11 for the period from the day that the overpayment is made by Buyer until the date of refund by ▇▇▇▇▇▇▇. 10.10 10.11. If a Party fails to pay any sum due and owing under this Agreement by the Due Date, the interest on that sum shall accrue from the date when such payment was due, until the date the payment is finally made. The Interest shall be calculated, in the case of INR payments as SBI one-month Marginal Cost of Funds based Lending Rate (SBI MCLR) applicable on the due date plus five percentage (5%) points compounded for the Term of the Agreementquarterly, and in case of USD payments as LIBOR (6-6 month United States Dollars LIBOR as published by Reuters and applicable on the due date) plus five two percentage (5%) points compounded quarterly.

Appears in 2 contracts

Sources: Gas Sale Agreement, Gas Sale Agreement

Billing and Payment. 10.1 10.1. Based on the Tickets for the Term of the Agreement Fortnight during which Sales Gas was supplied, within three (3) days from the End Datestart of the following Fortnight, the Sellers’ Representative shall raise an invoice on the Buyer for the quantity of Sales Gas delivered to the Buyer at the Delivery PointPoint in the preceding Fortnight. 10.2 10.2. The invoice for each Fortnight shall set out among other things: (a) the quantities of Sales Gas delivered to the Buyer (in SCM and MMBTU) including AGS if applicable; (b) GNT the debit/ credit note in lieu of Monthly Take & Pay Obligation and Quarterly Price Adjustment shall be issued in the 1st Fortnight after the end of each Month/ Quarter. It will contain the details of MGNT Quantity, GNT MGNT Amount, Make up Makeup Gas and Quarterly Sellers Supply Deficiency, Quarterly Price Adjustment as the case may be if applicable;. (c) the Daily Gross Calorific Value of Sales Gas referred above in Kilocalories per SCM; (da) the amount of taxes, if any, Taxes payable by the Buyer on the Sales Gas delivereddelivered during the Fortnight; (e) 10.3. Invoicing shall be done on Fortnightly basis and the interest on delayed payment for previous invoices, if any. 10.3 Buyer shall make the payment on or before the “Due Date” which shall be 26th May 202322nd of every Month for the supplies made during the first Fortnight and 7th of every following Month for the supplies made during the second Fortnight of any Month. 10.4 10.4. Invoices for the supply of Sales Gas to the Buyer shall be raised in United States Dollars (USD) and payment shall be made: (a) in USD to CEHL to their designated account or accounts (in relation to its percentage interest share not exceeding 100% in aggregate as set out in the Sales Gas invoice from time to time); and (b) in Indian Rupees (INR) to ONGC ONGC, IPL and Vedanta to the credit of their designated account(s) with a bank in India (in relation to their respective percentage interest share not exceeding 100% in aggregate as set out in the Sales Gas invoice from time to time). (cb) the cumulative percentage interest share of Sellers shall not exceed one hundred (100%) percentage. 10.5 10.5. In relation to payments to be made in INR, the rate of exchange to be applied to convert the invoiced amount in USD to an amount expressed in INR shall be average of the daily exchange rate as published by Financial Benchmarks India Private Limited applicable for the Term of the Agreement Fortnight during which supply of Sales Gas is made. For the settlement of GNT MGNT amount and Quarterly Price Adjustment amount, average of the daily exchange rate for relevant month/ quarter will be considered. The exchange rate so calculated shall be rounded off to two decimal places. 10.6 10.6. All duties, taxes, levies Taxes mentioned in the invoice to be paid to designated bank account mentioned in the invoice in INR by applying exchange rate in accordance with clause Clause 10.5 of the Agreement. 10.7 On 10.7. For reasons not attributable to the Buyer, in case Sellers raise the invoice after three (3) days i.e., after 18th of every Month for supplies made during the first Fortnight and after 3rd of every Month for supplies made during the second Fortnight then Due Date shall be extended by the number of day(s) by which invoice has been delayed beyond the stipulated three (3) days. 10.8. Before the Start Date, the Buyer shall provide primary billing details (specifying sales against C Form in case of interstate sales, if ▇▇▇▇▇’s bank is closed but Sellers’ banks are open, ▇▇▇▇▇ will arrange remittance on or applicable) for the purpose of issuing Fortnightly invoices. 10.9. The Buyer shall inform the Sellers before the Due Datestart of each Month, if it plans to offtake Sales Gas from multiple billing address. In such case, Sellers shall provide separate Ticket for such Days for multiple billing address, subject to Buyer confirming the required details including Sales Gas volume split before 1300 hours of the day of supply of such Gas Sales. Sellers will be under no obligation to provide the separate gas Ticket if Buyer fails to comply with the aforementioned timeline. In case, if both ▇▇▇▇▇’s and Sellers’ banks are closed on Sales Gas volume split is not received from the said Due DateBuyer within specified timeline, the payment can be made on the following day of the aforesaid Due Date. In case, if both the Buyer and Sellers banks are closed for two or more consecutive days, any payment due on the first day Ticket shall be made on issued at the day prior to the Due Date of payment and any such payment due on the second or any following day shall be made on the first working day following such closureprimary billing details. 10.8 10.10. If the Buyer has a bona fide dispute as to any amount, quantity, value or sum mentioned in an invoice (the “Disputed Item”), the Buyer shall notify the Sellers in writing within two seven (27) days of receiving the invoice. The notice shall specify the Disputed Item and the reasons why the Buyer disputes such item. Whether or not any sum is disputed, the Buyer shall make payment of the entire invoice amount as per Clause 10.3. 10.9 10.11. The Sellers and the Buyer shall resolve the Disputed Item as provided for in accordance with Clause 1718. The amount agreed or determined to be due in relation to the Disputed Item shall be paid within fourteen (14) days from the date that the Dispute Item is resolved. If a dispute is decided in favour of ▇▇▇▇▇, Sellers shall refund the overpayment within fourteen (14) days following resolution of the Dispute Item and Sellers shall pay interest at the Interest calculated for each day as per Clause 10.10 10.12 for the period from the day that the overpayment is made by Buyer until the date of refund by ▇▇▇▇▇▇▇. 10.10 10.12. If a Party fails to pay any sum due and owing under this Agreement by the Due Date, the interest on that sum shall accrue from the date when such payment was due, until the date the payment is finally made. The Interest shall be calculated, in the case of INR payments as SBI one-month Marginal Cost of Funds based Lending Rate (SBI MCLR) applicable on the due date plus five percentage (5%) points compounded for quarterly. Interest invoice shall be separately issued to the Term of the Agreement, and buyer in case of USD payments as LIBOR (6-month United States Dollars LIBOR as published by Reuters and applicable on the due date) plus five percentage (5%) points compounded quarterlydelayed payment.

Appears in 2 contracts

Sources: Gas Sales Agreement, Gas Sale Agreement

Billing and Payment. 10.1 10.1. Based on the Tickets for the Term of the Agreement Fortnight during which Sales Gas was supplied, within three (3) days from the End Datestart of the succeeding Fortnight, the Sellers’ Representative Seller shall raise an invoice on the Buyer for the quantity of Sales Gas delivered to the Buyer at the Delivery PointPoint in the preceding Fortnight. 10.2 10.2. The invoice for each Fortnight shall set out among other things: (a) the quantities of Sales Gas delivered to the Buyer (in SCM and MMBTU) including AGS if applicable; (b) GNT the debit/ credit note in lieu of Quarterly Take & Pay Obligation and Quarterly Price Adjustment shall be issued in the 1st Fortnight after the end of each Quarter. It will contain the details of QGNT Quantity, GNT QGNT Amount, Make up Makeup Gas and Sellers Quarterly Seller Supply Deficiency, Quarterly Price Adjustment as the case may be if applicable;. (c) the Daily Gross Calorific Value of Sales Gas referred above in Kilocalories per SCM; (d) the amount of taxes, if any, payable by the Buyer on the Sales Gas delivereddelivered during the Fortnight; (e) 10.3. Invoicing shall be done on Fortnightly basis and the interest on delayed payment for previous invoices, if any. 10.3 Buyer shall make the payment on or before the “Due Date” which shall be 26th May 202322nd of every Month for the supplies made during the first Fortnight and 7th of every succeeding Month for the supplies made during the second Fortnight of any Month. 10.4 10.4. Invoices for the supply of Sales Gas to the Buyer shall be raised in United States Dollars (USD) and payment shall be made: (a) in USD to CEHL to their designated account or accounts (in relation to its percentage interest share not exceeding 100% in aggregate as set out in the Sales Gas invoice from time to time); and (b) made in Indian Rupees (INR) to ONGC and Vedanta to the credit of their designated account(s) with a bank in India (in relation to their respective percentage interest share not exceeding 100% in aggregate as set out in the Sales Gas invoice from time to time)India. (c) the cumulative percentage interest share of Sellers shall not exceed one hundred (100%) percentage. 10.5 10.5. In relation to payments to be made in INR, the rate of exchange to be applied to convert the invoiced amount in USD to an amount expressed in INR shall be average of the daily exchange rate as published by Financial Benchmarks India Private Limited applicable for the Term of the Agreement Fortnight during which supply of Sales Gas is made. For the settlement of GNT QGNT amount and Quarterly Price Adjustment amount, average of the daily exchange rate for relevant quarter will be considered. The exchange rate so calculated shall be rounded off to two decimal places. 10.6 10.6. All duties, taxes, levies ▇▇▇▇▇▇ mentioned in the invoice to be paid to designated bank account mentioned in the invoice in INR by applying exchange rate in accordance with clause 10.5 of the Agreement. 10.7 On 10.7. In case Seller raise the invoice after three (3) days i.e., after 18th of every Month for supplies made during the first Fortnight and after 3rd of every Month for supplies made during the second Fortnight then Due Date if ▇▇▇▇▇’s bank is closed but Sellers’ banks are openshall be extended by the number of day(s) by which invoice has been delayed beyond the stipulated three (3) days. 10.8. Before the Start Date, ▇▇▇▇▇ will arrange remittance on or the Buyer shall provide primary billing details (specifying sales against C Form in case of interstate sales) for the purpose of issuing Fortnightly invoices. 10.9. The Buyer shall inform the Seller before the Due Datestart of each Month, if it plans to offtake Sales Gas from multiple billing address. In such case, Seller shall provide separate Ticket for such Days for multiple billing address, subject to Buyer confirming the required details including Sales Gas volume split before 1300 hours of the following day of such Gas Sales. Seller will be under no obligation to provide the separate gas Ticket if Buyer fails to comply with the aforementioned timeline. In case, if both ▇▇▇▇▇’s and Sellers’ banks are closed on Sales Gas volume split is not received from the said Due DateBuyer by 1300 hrs of the following day, the payment can be made on the following day of the aforesaid Due Date. In case, if both the Buyer and Sellers banks are closed for two or more consecutive days, any payment due on the first day Ticket shall be made on issued at the day prior to the Due Date of payment and any such payment due on the second or any following day shall be made on the first working day following such closureprimary billing details. 10.8 10.10. If the Buyer has a bona fide dispute as to any amount, quantity, value or sum mentioned in an invoice (the “Disputed Item”), the Buyer shall notify the Sellers Seller in writing within two seven (27) days of receiving the invoice. The notice shall specify the Disputed Item and the reasons why the Buyer disputes such item. Whether or not any sum is disputed, the Buyer shall make payment of the entire invoice amount as per Clause 10.3. 10.9 10.11. The Sellers Seller and the Buyer shall resolve the Disputed Item as provided for in accordance with Clause 17. The amount agreed or determined to be due in relation to the Disputed Item shall be paid within fourteen (14) days from the date that the Dispute Item is resolved. If a dispute is decided in favour of ▇▇▇▇▇, Sellers Seller shall refund the overpayment within fourteen (14) days following resolution of the Dispute Item and Sellers Seller shall pay interest at the Interest calculated for each day as per Clause 10.10 for the period from the day that the overpayment is made by Buyer until the date of refund by ▇▇▇▇▇▇▇. 10.10 If a Party fails to pay any sum due and owing under this Agreement by the Due Date, the interest on that sum shall accrue from the date when such payment was due, until the date the payment is finally made. The Interest shall be calculated, in the case of INR payments as SBI one-month Marginal Cost of Funds based Lending Rate (SBI MCLR) applicable on the due date plus five percentage (5%) points compounded for the Term of the Agreement, and in case of USD payments as LIBOR (6-month United States Dollars LIBOR as published by Reuters and applicable on the due date) plus five percentage (5%) points compounded quarterly.Clause

Appears in 2 contracts

Sources: Gas Sales Agreement, Gas Sales Agreement

Billing and Payment. 10.1 10.1. Based on the Tickets for the Term of the Agreement Fortnight during which Sales Gas was supplied, within three (3) days from the End Datestart of the following Fortnight, the Sellers’ Representative shall raise an invoice on the Buyer for the quantity of Sales Gas delivered to the Buyer at the Delivery PointPoint in the preceding Fortnight. 10.2 10.2. The invoice for each Fortnight shall set out among other things: (a) the quantities of Sales Gas delivered to the Buyer (in SCM and MMBTU) including AGS if applicable; (b) GNT Quantity, GNT Amount, Make up Gas and Sellers Supply Deficiency, Price Adjustment as the case may be if applicable; (c) the Daily Gross Calorific Value of Sales Gas referred above in Kilocalories per SCM; (d) the amount of taxes, if any, Taxes payable by the Buyer on the Sales Gas delivereddelivered during the Fortnight; 10.3. The debit / credit note in lieu of Monthly Take or Pay Obligation and Quarterly Price Adjustment shall be issued promptly upon end of each Month/ Quarter and payable within five (e5) days from date of receipt or adjusted with subsequent invoice payment due as applicable. It will contain the interest on delayed payment for previous invoicesdetails of MGNT Quantity, if anyMGNT Amount, Makeup Gas and Quarterly Seller Supply Deficiency, Quarterly Price Adjustment as applicable. 10.3 10.4. Invoicing shall be done on Fortnightly basis and the Buyer shall make the payment on or before the “Due Date” which shall be 26th May 202322nd of every Month for the supplies made during the first Fortnight and 7th of every following Month for the supplies made during the second Fortnight of any Month. 10.4 10.5. Invoices for the supply of Sales Gas to the Buyer shall be raised in United States Dollars (USD) and payment shall be made: (a) in USD to CEHL to their designated account or accounts (in relation to its percentage interest share not exceeding 100% in aggregate as set out in the Sales Gas invoice from time to time); and (b) in Indian Rupees (INR) to ONGC ONGC, IPL and Vedanta to the credit of their designated account(s) with a bank in India (in relation to their respective percentage interest share not exceeding 100% in aggregate as set out in the Sales Gas invoice from time to time). (cb) the cumulative percentage interest share of Sellers shall not exceed one hundred (100%) percentage. 10.5 10.6. In relation to payments to be made in INR, the rate of exchange to be applied to convert the invoiced amount in USD to an amount expressed in INR shall be average of the daily exchange rate as published by Financial Benchmarks India Private Limited applicable for the Term of the Agreement Fortnight during which supply of Sales Gas is made. For the settlement of GNT MGNT amount and Quarterly Price Adjustment amount, average of the daily exchange rate for relevant month/ quarter will be considered. The exchange rate so calculated shall be rounded off to two decimal places. 10.6 10.7. All duties, taxes, levies Taxes mentioned in the invoice to be paid to designated bank account mentioned in the invoice in INR by applying exchange rate in accordance with clause 10.5 Clause 10.6 of the Agreement. 10.7 On 10.8. For reasons not attributable to the Buyer, in case Sellers raise the invoice after three (3) days i.e., after 18th of every Month for supplies made during the first Fortnight and after 3rd of every Month for supplies made during the second Fortnight then Due Date shall be extended by the number of day(s) by which invoice has been delayed beyond the stipulated three (3) days. 10.9. Before the Start Date, the Buyer shall provide primary billing details (specifying sales against C Form in case of interstate sales, if ▇▇▇▇▇’s bank is closed but Sellers’ banks are open, ▇▇▇▇▇ will arrange remittance on or applicable) for the purpose of issuing Fortnightly invoices. 10.10. The Buyer shall inform the Sellers before the Due Datestart of each Month, if it plans to offtake Sales Gas from multiple billing address. In such case, Sellers shall provide separate Ticket for such Days for multiple billing address, subject to Buyer confirming the required details including Sales Gas volume split before 1300 hours of the following day of such Gas Sales. Sellers will be under no obligation to provide the separate gas Ticket if Buyer fails to comply with the aforementioned timeline. In case, if both ▇▇▇▇▇’s Sales Gas volume split is not received from the Buyer by 1300 hrs of the following day, the Ticket shall be issued at the primary billing details. 10.11. If the Buyer fails to make payment to Seller(s) any sum due and Sellers’ banks are closed on owing under this Agreement by the said Due Date, the interest on that delayed payment can shall accrue from the date when such payment was due, until the date the payment is finally made. The Interest shall be made calculated as SBI one- month Marginal Cost of Funds based Lending Rate (SBI MCLR) applicable on the following day of the aforesaid Due Datedue date plus five percentage (5%) points compounded quarterly. In case, if both Interest invoice shall be separately issued to the Buyer and Sellers banks are closed for two or more consecutive days, any payment due on the first day shall be made on the day prior to the Due Date in case of payment and any such payment due on the second or any following day shall be made on the first working day following such closuredelayed payment. 10.8 10.12. If the Buyer has a bona fide dispute as to any amount, quantity, value or sum mentioned in an invoice (the “Disputed Item”), the Buyer shall notify the Sellers in writing within two seven (27) days of receiving the invoice. The notice shall specify the Disputed Item and the reasons why the Buyer disputes such item. Whether or not any sum is disputed, the Buyer shall make payment of the entire invoice amount as per Clause 10.310.4. 10.9 10.13. The Sellers and the Buyer shall resolve the Disputed Item as provided for in accordance with Clause 17. The amount agreed or determined to be due in relation to the Disputed Item shall be paid within fourteen (14) days from the date that the Dispute Item is resolved. If a dispute is decided in favour of ▇▇▇▇▇, Sellers shall refund the overpayment within fourteen (14) days following resolution of the Dispute Item and Sellers shall pay interest at the Interest calculated for each day as per Clause 10.10 for the period from the day that the overpayment is made by Buyer until the date of refund by ▇▇▇▇▇▇▇. 10.10 If a Party fails to pay any sum due and owing under this Agreement by the Due Date, the interest on that sum shall accrue from the date when such payment was due, until the date the payment is finally made. The Interest rate applicable shall be calculated, in the case of INR payments as SBI one-month Marginal Cost of Funds based Lending Rate (SBI MCLR) applicable on the due date plus five two percentage (5%) points compounded for the Term of the Agreement, and in case of USD payments as LIBOR (6-month United States Dollars LIBOR as published by Reuters and applicable on the due date) plus five percentage (52%) points compounded quarterly.

Appears in 2 contracts

Sources: Gas Sales Agreement, Gas Sales Agreement

Billing and Payment. 10.1 Based on the Tickets for the Term of the Agreement Fortnight during which Sales Gas was supplied, within three (3) days from the End Datestart of the succeeding Fortnight, the Sellers’ Representative shall raise an invoice on the Buyer for the quantity of Sales Gas delivered to the Buyer at the Delivery PointPoint in the preceding Fortnight. 10.2 The invoice for each Fortnight shall set out among other things: (a) the quantities of Sales Gas delivered to the Buyer (in SCM and MMBTU) including AGS if applicable; (b) GNT QGNT Quantity, GNT QGNT Amount, Make up Gas and Quarterly Sellers Supply Deficiency, Quarterly Price Adjustment (only in 1st Fortnight invoice of every Quarter) as the case may be if applicable; (c) the Daily Gross Calorific Value of Sales Gas referred above in Kilocalories per SCM; (d) the amount of taxes, if any, payable by the Buyer on the Sales Gas delivereddelivered during the Fortnight; (e) the interest on delayed payment for previous invoices, if any. 10.3 Invoicing shall be done on Fortnightly basis and the Buyer shall make the payment on or before the “Due Date” which shall be 26th May 202322nd of every Month for the supplies made during the first Fortnight and 7th of every succeeding Month for the supplies made during the second Fortnight of any Month. 10.4 Invoices for the supply of Sales Gas to the Buyer shall be raised in United States Dollars (USD) and payment shall be made: (a) in USD to CEHL to their designated account or accounts (in relation to its percentage interest share not exceeding 100% in aggregate as set out in the Sales Gas invoice from time to time); and (b) in Indian Rupees (INR) to ONGC and Vedanta to the credit of their designated account(s) with a bank in India (in relation to their respective percentage interest share not exceeding 100% in aggregate as set out in the Sales Gas invoice from time to time). (c) the cumulative percentage interest share of Sellers shall not exceed one hundred (100%) percentage. 10.5 In relation to payments to be made in INR, the rate of exchange to be applied to convert the invoiced amount in USD to an amount expressed in INR shall be average of the daily exchange rate as published by Financial Benchmarks India Private Limited applicable for the Term of the Agreement Fortnight during which supply of Sales Gas is made. For the settlement of GNT QGNT amount and Quarterly Price Adjustment amount, average of the daily exchange rate for relevant quarter will be considered. The exchange rate so calculated shall be rounded off to two decimal places. 10.6 All duties, taxes, levies mentioned in the invoice to be paid to designated bank account mentioned in the invoice in INR by applying exchange rate in accordance with clause 10.5 of the Agreement. 10.7 On the Due Date if ▇▇▇▇▇’s bank is closed but Sellers’ banks are open, ▇▇▇▇▇ will arrange remittance on or before the Due Date. In case, if both ▇▇▇▇▇’s and Sellers’ banks are closed on the said Due Date, the payment can be made on the following day of the aforesaid Due Date. In case, if both the Buyer and Sellers banks are closed for two or more consecutive days, any payment due on the first day shall be made on the day prior to the Due Date of payment and any such payment due on the second or any following day shall be made on the first working day following such closure. 10.8 In case Sellers raise the invoice after three (3) days i.e., after 18th of every Month for supplies made during the first Fortnight and after 3rd of every Month for supplies made during the second Fortnight then Due Date shall be extended by the number of day(s) by which invoice has been delayed beyond the stipulated three (3) days. 10.9 If the Buyer has a bona fide dispute as to any amount, quantity, value or sum mentioned in an invoice (the “Disputed Item”), the Buyer shall notify the Sellers in writing within two seven (27) days of receiving the invoice. The notice shall specify the Disputed Item and the reasons why the Buyer disputes such item. Whether or not any sum is disputed, the Buyer shall make payment of the entire invoice amount as per Clause 10.3. 10.9 10.10 The Sellers and the Buyer shall resolve the Disputed Item as provided for in accordance with Clause 1718. The amount agreed or determined to be due in relation to the Disputed Item shall be paid within fourteen (14) days from the date that the Dispute Item is resolved. If a dispute is decided in favour of ▇▇▇▇▇, Sellers shall refund the overpayment within fourteen (14) days following resolution of the Dispute Item and Sellers shall pay interest at the Interest calculated for each day as per Clause 10.10 10.11 for the period from the day that the overpayment is made by Buyer until the date of refund by ▇▇▇▇▇▇▇. 10.10 10.11 If a Party fails to pay any sum due and owing under this Agreement by the Due Date, the interest on that sum shall accrue from the date when such payment was due, until the date the payment is finally made. The Interest shall be calculated, in the case of INR payments as SBI one-month Marginal Cost of Funds based Lending Rate (SBI MCLR) applicable on the due date plus five percentage (5%) points compounded for the Term of the Agreementquarterly, and in case of USD payments as LIBOR (6-6 month United States Dollars LIBOR as published by Reuters and applicable on the due date) plus five two percentage (52%) points compounded quarterly.

Appears in 2 contracts

Sources: Gas Sale Agreement, Gas Sale Agreement

Billing and Payment. 10.1 10.1. Based on the Tickets for the Term of the Agreement Fortnight during which Sales Gas was supplied, within three (3) days from the End Datestart of the following Fortnight, the Sellers’ Representative shall raise an invoice on the Buyer for the quantity of Sales Gas delivered to the Buyer at the Delivery PointPoint in the preceding Fortnight. 10.2 10.2. The invoice for each Fortnight shall set out among other things: (a) the quantities of Sales Gas delivered to the Buyer (in SCM and MMBTU) including AGS if applicable; (b) GNT Quantity, GNT Amount, Make up Gas and Sellers Supply Deficiency, Price Adjustment as the case may be if applicable; (c) the Daily Gross Calorific Value of Sales Gas referred above in Kilocalories per SCM; (d) the amount of taxes, if any, Taxes payable by the Buyer on the Sales Gas delivereddelivered during the Fortnight; 10.3. The debit / credit note in lieu of Monthly Take or Pay Obligation and Quarterly Price Adjustment shall be issued promptly upon end of each Month/ Quarter and payable within five (e5) days from date of receipt or adjusted with subsequent invoice payment due as applicable. It will contain the interest on delayed payment for previous invoicesdetails of MGNT Quantity, if anyMGNT Amount, Makeup Gas and Quarterly Seller Supply Deficiency, Quarterly Price Adjustment as applicable. 10.3 10.4. Invoicing shall be done on Fortnightly basis and the Buyer shall make the payment on or before the “Due Date” which shall be 26th May 202322nd of every Month for the supplies made during the first Fortnight and 7th of every following Month for the supplies made during the second Fortnight of any Month. 10.4 10.5. Invoices for the supply of Sales Gas to the Buyer shall be raised in United States Dollars (USD) and payment shall be made: (a) in USD to CEHL to their designated account or accounts (in relation to its percentage interest share not exceeding 100% in aggregate as set out in the Sales Gas invoice from time to time); and (b) in Indian Rupees (INR) to ONGC and Vedanta to the credit of their designated account(s) with a bank in India (in relation to their respective percentage interest share not exceeding 100% in aggregate as set out in the Sales Gas invoice from time to time). (c) the cumulative percentage interest share of Sellers shall not exceed one hundred (100%) percentage. 10.5 10.6. In relation to payments to be made in INR, the rate of exchange to be applied to convert the invoiced amount in USD to an amount expressed in INR shall be average of the daily exchange rate as published by Financial Benchmarks India Private Limited applicable for the Term of the Agreement Fortnight during which supply of Sales Gas is made. For the settlement of GNT MGNT amount and Quarterly Price Adjustment amount, average of the daily exchange rate for relevant month/ quarter will be considered. The exchange rate so calculated shall be rounded off to two decimal places. 10.6 10.7. All duties, taxes, levies Taxes mentioned in the invoice to be paid to designated bank account mentioned in the invoice in INR by applying exchange rate in accordance with clause 10.5 Clause 10.6 of the Agreement. 10.7 On 10.8. For reasons not attributable to the Buyer, in case Sellers raise the invoice after three (3) days i.e., after 18th of every Month for supplies made during the first Fortnight and after 3rd of every Month for supplies made during the second Fortnight then Due Date shall be extended by the number of day(s) by which invoice has been delayed beyond the stipulated three (3) days. 10.9. Before the Start Date, the Buyer shall provide primary billing details (specifying sales against C Form in case of interstate sales, if ▇▇▇▇▇’s bank is closed but Sellers’ banks are open, ▇▇▇▇▇ will arrange remittance on or applicable) for the purpose of issuing Fortnightly invoices. 10.10. The Buyer shall inform the Sellers before the Due Datestart of each Month, if it plans to offtake Sales Gas from multiple billing address. In such case, Sellers shall provide separate Ticket for such Days for multiple billing address, subject to Buyer confirming the required details including Sales Gas volume split before 1300 hours of the following day of such Gas Sales. Sellers will be under no obligation to provide the separate gas Ticket if Buyer fails to comply with the aforementioned timeline. In case, if both ▇▇▇▇▇’s Sales Gas volume split is not received from the Buyer by 1300 hrs of the following day, the Ticket shall be issued at the primary billing details. 10.11. If the Buyer fails to make payment to Seller(s) any sum due and Sellers’ banks are closed on owing under this Agreement by the said Due Date, the interest on that delayed payment can shall accrue from the date when such payment was due, until the date the payment is finally made. The Interest shall be made calculated, in the case of INR payments as SBI one-month Marginal Cost of Funds based Lending Rate (SBI MCLR) applicable on the following day due date plus five percentage (5%) points compounded quarterly, and in case of USD payments as CME Term SOFR (6 month United States Dollars CME Term SOFR as published by CME group and applicable on the aforesaid Due Datedue date) plus five percentage (5%) points compounded quarterly. In case, if both Interest invoice shall be separately issued to the Buyer and Sellers banks are closed for two or more consecutive days, any payment due on the first day shall be made on the day prior to the Due Date in case of payment and any such payment due on the second or any following day shall be made on the first working day following such closuredelayed payment. 10.8 10.12. If the Buyer has a bona fide dispute as to any amount, quantity, value or sum mentioned in an invoice (the “Disputed Item”), the Buyer shall notify the Sellers in writing within two seven (27) days of receiving the invoice. The notice shall specify the Disputed Item and the reasons why the Buyer disputes such item. Whether or not any sum is disputed, the Buyer shall make payment of the entire invoice amount as per Clause 10.310.4. 10.9 10.13. The Sellers and the Buyer shall resolve the Disputed Item as provided for in accordance with Clause 17. The amount agreed or determined to be due in relation to the Disputed Item shall be paid within fourteen (14) days from the date that the Dispute Item is resolved. If a dispute is decided in favour of ▇▇▇▇▇, Sellers shall refund the overpayment within fourteen (14) days following resolution of the Dispute Item and Sellers shall pay interest at the Interest calculated for each day as per Clause 10.10 for the period from the day that the overpayment is made by Buyer until the date of refund by ▇▇▇▇▇▇▇. 10.10 If a Party fails to pay any sum due and owing under this Agreement by the Due Date, the interest on that sum shall accrue from the date when such payment was due, until the date the payment is finally made. The Interest rate applicable shall be calculatedbe, in the case of INR payments as SBI one-month Marginal Cost of Funds based Lending Rate (SBI MCLR) applicable on the due date plus five two percentage (52%) points compounded for the Term of the Agreementquarterly, and in case of USD payments as LIBOR CME Term SOFR (6-6 month United States Dollars LIBOR CME Term SOFR as published by Reuters CME group and applicable on the due date) plus five two percentage (52%) points compounded quarterly.

Appears in 2 contracts

Sources: Gas Sales Agreement, Gas Sales Agreement

Billing and Payment. 10.1 10.1. Based on the Tickets for the Term of the Agreement Fortnight during which Sales Gas was supplied, within three (3) days from the End Datestart of the following Fortnight, the Sellers’ Representative shall raise an invoice on the Buyer for the quantity of Sales Gas delivered to the Buyer at the Delivery PointPoint in the preceding Fortnight. 10.2 10.2. The invoice for each Fortnight shall set out among other things: (a) the quantities of Sales Gas delivered to the Buyer (in SCM and MMBTU) including AGS if applicable; (b) GNT Quantity, GNT Amount, Make up Gas and Sellers Supply Deficiency, Price Adjustment as the case may be if applicable; (c) the Daily Gross Calorific Value of Sales Gas referred above in Kilocalories per SCM; (d) the amount of taxes, if any, Taxes payable by the Buyer on the Sales Gas delivereddelivered during the Fortnight; 10.3. The debit note in lieu of Monthly Take or Pay Obligation shall be issued promptly upon end of each Month and payable within five (e5) days from date of receipt. It will contain the interest on delayed payment for previous invoicesdetails of MGNT Quantity, if anyMGNT Amount, Makeup Gas, as applicable. 10.3 10.4. Invoicing shall be done on Fortnightly basis and the Buyer shall make the payment on or before the “Due Date” which shall be 26th May 202322nd of every Month for the supplies made during the first Fortnight and 7th of every following Month for the supplies made during the second Fortnight of any Month. 10.4 10.5. Invoices for the supply of Sales Gas to the Buyer shall be raised in United States Dollars (USD) and payment shall be made: (a) in USD to CEHL to their designated account or accounts (in relation to its percentage interest share not exceeding 100% in aggregate as set out in the Sales Gas invoice from time to time); and (b) in Indian Rupees (INR) to ONGC ONGC, IPL and Vedanta to the credit of their designated account(s) with a bank in India (in relation to their respective percentage interest share not exceeding 100% in aggregate as set out in the Sales Gas invoice from time to time). (cb) the cumulative percentage interest share of Sellers shall not exceed one hundred (100%) percentage. 10.5 10.6. In relation to payments to be made in INR, the rate of exchange to be applied to convert the invoiced amount in USD to an amount expressed in INR shall be average of the daily exchange rate as published by Financial Benchmarks India Private Limited applicable for the Term of the Agreement Fortnight during which supply of Sales Gas is made. For the settlement of GNT amount and Price Adjustment MGNT amount, average of the daily exchange rate for relevant quarter month will be considered. The exchange rate so calculated shall be rounded off to two decimal places. 10.6 10.7. All duties, taxes, levies Taxes mentioned in the invoice to be paid to designated bank account mentioned in the invoice in INR by applying exchange rate in accordance with clause 10.5 Clause 10.6 of the Agreement. 10.7 On 10.8. For reasons not attributable to the Buyer, in case Sellers raise the invoice after three (3) days i.e., after 18th of every Month for supplies made during the first Fortnight and after 3rd of every Month for supplies made during the second Fortnight then Due Date shall be extended by the number of day(s) by which invoice has been delayed beyond the stipulated three (3) days. 10.9. Before the Start Date, the Buyer shall provide primary billing details (specifying sales against C Form in case of interstate sales, if ▇▇▇▇▇’s bank is closed but Sellers’ banks are open, ▇▇▇▇▇ will arrange remittance on or applicable) for the purpose of issuing Fortnightly invoices. 10.10. The Buyer shall inform the Sellers before the Due Datestart of each Month, if it plans to offtake Sales Gas from multiple billing address. In such case, Sellers shall provide separate Ticket for such Days for multiple billing address, subject to Buyer confirming the required details including Sales Gas volume split before 1300 hours of the following day of such Gas Sales. Sellers will be under no obligation to provide the separate gas Ticket if Buyer fails to comply with the aforementioned timeline. In case, if both ▇▇▇▇▇’s Sales Gas volume split is not received from the Buyer by 1300 hrs of the following day, the Ticket shall be issued at the primary billing details. 10.11. If the Buyer fails to make payment to Seller(s) any sum due and Sellers’ banks are closed on owing under this Agreement by the said Due Date, the interest on that delayed payment can shall accrue from the date when such payment was due, until the date the payment is finally made. The Interest shall be made calculated, in the case of INR payments as SBI one-month Marginal Cost of Funds based Lending Rate (SBI MCLR) applicable on the following day of the aforesaid Due Datedue date plus five percentage (5%) points compounded quarterly. In case, if both Interest invoice shall be separately issued to the Buyer and Sellers banks are closed for two or more consecutive days, any payment due on the first day shall be made on the day prior to the Due Date in case of payment and any such payment due on the second or any following day shall be made on the first working day following such closuredelayed payment. 10.8 10.12. If the Buyer has a bona fide dispute as to any amount, quantity, value or sum mentioned in an invoice (the “Disputed Item”), the Buyer shall notify the Sellers in writing within two seven (27) days of receiving the invoice. The notice shall specify the Disputed Item and the reasons why the Buyer disputes such item. Whether or not any sum is disputed, the Buyer shall make payment of the entire invoice amount as per Clause 10.310.4. 10.9 10.13. The Sellers and the Buyer shall resolve the Disputed Item as provided for in accordance with Clause 17. The amount agreed or determined to be due in relation to the Disputed Item shall be paid within fourteen (14) days from the date that the Dispute Item is resolved. If a dispute is decided in favour of ▇▇▇▇▇, Sellers shall refund the overpayment within fourteen (14) days following resolution of the Dispute Item and Sellers shall pay interest at the Interest calculated for each day as per Clause 10.10 for the period from the day that the overpayment is made by Buyer until the date of refund by ▇▇▇▇▇▇▇. 10.10 If a Party fails to pay any sum due and owing under this Agreement by the Due Date, the interest on that sum shall accrue from the date when such payment was due, until the date the payment is finally made. The Interest rate applicable shall be calculatedbe, in the case of INR payments as SBI one-month Marginal Cost of Funds based Lending Rate (SBI MCLR) applicable on the due date plus five two percentage (5%) points compounded for the Term of the Agreement, and in case of USD payments as LIBOR (6-month United States Dollars LIBOR as published by Reuters and applicable on the due date) plus five percentage (52%) points compounded quarterly.

Appears in 2 contracts

Sources: Gas Sales Agreement, Gas Sales Agreement

Billing and Payment. 10.1 10.1. Based on the Tickets for the Term of the Agreement Fortnight during which Sales Gas was supplied, within three (3) days from the End Datestart of the following Fortnight, the Sellers’ Representative shall raise an invoice on the Buyer for the quantity of Sales Gas delivered to the Buyer at the Delivery PointPoint in the preceding Fortnight. 10.2 10.2. The invoice for each Fortnight shall set out among other things: (a) the quantities of Sales Gas delivered to the Buyer (in SCM and MMBTU) including AGS if applicable; (b) GNT the debit/ credit note in lieu of Monthly Take & Pay Obligation and Quarterly Price Adjustment shall be issued in the 1st Fortnight after the end of each Month/ Quarter. It will contain the details of MGNT Quantity, GNT MGNT Amount, Make up Makeup Gas and Quarterly Sellers Supply Deficiency, Quarterly Price Adjustment as the case may be if applicable;. (c) the Daily Gross Calorific Value of Sales Gas referred above in Kilocalories per SCM; (d) the amount of taxes, if any, Taxes payable by the Buyer on the Sales Gas delivereddelivered during the Fortnight; (e) 10.3. Invoicing shall be done on Fortnightly basis and the interest on delayed payment for previous invoices, if any. 10.3 Buyer shall make the payment on or before the “Due Date” which shall be 26th May 202322nd of every Month for the supplies made during the first Fortnight and 7th of every following Month for the supplies made during the second Fortnight of any Month. 10.4 10.4. Invoices for the supply of Sales Gas to the Buyer shall be raised in United States Dollars (USD) and payment shall be made: (a) in USD to CEHL to their designated account or accounts (in relation to its percentage interest share not exceeding 100% in aggregate as set out in the Sales Gas invoice from time to time); and (b) in Indian Rupees (INR) to ONGC and Vedanta to the credit of their designated account(s) with a bank in India (in relation to their respective percentage interest share not exceeding 100% in aggregate as set out in the Sales Gas invoice from time to time). (c) the cumulative percentage interest share of Sellers shall not exceed one hundred (100%) percentage. 10.5 10.5. In relation to payments to be made in INR, the rate of exchange to be applied to convert the invoiced amount in USD to an amount expressed in INR shall be average of the daily exchange rate as published by Financial Benchmarks India Private Limited applicable for the Term of the Agreement Fortnight during which supply of Sales Gas is made. For the settlement of GNT MGNT amount and Quarterly Price Adjustment amount, average of the daily exchange rate for relevant month/ quarter will be considered. The exchange rate so calculated shall be rounded off to two decimal places. 10.6 10.6. All duties, taxes, levies Taxes mentioned in the invoice to be paid to designated bank account mentioned in the invoice in INR by applying exchange rate in accordance with clause Clause 10.5 of the Agreement. 10.7 On 10.7. For reasons not attributable to the Buyer, in case Sellers raise the invoice after three (3) days i.e., after 18th of every Month for supplies made during the first Fortnight and after 3rd of every Month for supplies made during the second Fortnight then Due Date shall be extended by the number of day(s) by which invoice has been delayed beyond the stipulated three (3) days. 10.8. Before the Start Date, the Buyer shall provide primary billing details (specifying sales against C Form in case of interstate sales, if ▇▇▇▇▇’s bank is closed but Sellers’ banks are open, ▇▇▇▇▇ will arrange remittance on or applicable) for the purpose of issuing Fortnightly invoices. 10.9. The Buyer shall inform the Sellers before the Due Datestart of each Month, if it plans to offtake Sales Gas from multiple billing address. In such case, Sellers shall provide separate Ticket for such Days for multiple billing address, subject to Buyer confirming the required details including Sales Gas volume split before 1300 hours of the following day of such Gas Sales. Sellers will be under no obligation to provide the separate gas Ticket if Buyer fails to comply with the aforementioned timeline. In case, if both ▇▇▇▇▇’s and Sellers’ banks are closed on Sales Gas volume split is not received from the said Due DateBuyer by 1300 hrs of the following day, the payment can be made on the following day of the aforesaid Due Date. In case, if both the Buyer and Sellers banks are closed for two or more consecutive days, any payment due on the first day Ticket shall be made on issued at the day prior to the Due Date of payment and any such payment due on the second or any following day shall be made on the first working day following such closureprimary billing details. 10.8 10.10. If the Buyer has a bona fide dispute as to any amount, quantity, value or sum mentioned in an invoice (the “Disputed Item”), the Buyer shall notify the Sellers in writing within two seven (27) days of receiving the invoice. The notice shall specify the Disputed Item and the reasons why the Buyer disputes such item. Whether or not any sum is disputed, the Buyer shall make payment of the entire invoice amount as per Clause 10.3. 10.9 10.11. The Sellers and the Buyer shall resolve the Disputed Item as provided for in accordance with Clause 1718. The amount agreed or determined to be due in relation to the Disputed Item shall be paid within fourteen (14) days from the date that the Dispute Item is resolved. If a dispute is decided in favour of ▇▇▇▇▇, Sellers shall refund the overpayment within fourteen (14) days following resolution of the Dispute Item and Sellers shall pay interest at the Interest calculated for each day as per Clause 10.10 10.12 for the period from the day that the overpayment is made by Buyer until the date of refund by ▇▇▇▇▇▇▇. 10.10 10.12. If a Party fails to pay any sum due and owing under this Agreement by the Due Date, the interest on that sum shall accrue from the date when such payment was due, until the date the payment is finally made. The Interest shall be calculated, in the case of INR payments as SBI one-month Marginal Cost of Funds based Lending Rate (SBI MCLR) applicable on the due date plus five percentage (5%) points compounded for the Term of the Agreementquarterly, and in case of USD payments as LIBOR CME Term SOFR (6-6 month United States Dollars LIBOR CME Term SOFR as published by Reuters CME group and applicable on the due date) plus five percentage (5%) points compounded quarterly. Interest invoice shall be separately issued to the buyer in case of delayed payment.

Appears in 2 contracts

Sources: Gas Sale Agreement, Gas Sale Agreement

Billing and Payment. 10.1 Based on the Tickets for the Term of the Agreement Fortnight during which Sales Gas was supplied, within three (3) days Days from the End Datestart of the succeeding Fortnight, the Sellers’ Representative Seller shall raise an invoice on the Buyer for the quantity of Sales Gas delivered to the Buyer at the Delivery PointPoint in the preceding Fortnight. 10.2 The invoice for each Fortnight shall set out among other things: (a) the quantities of Sales Gas delivered to the Buyer (in SCM and MMBTU) including AGS if applicable; (b) GNT QGNT Quantity, GNT QGNT Amount, Make up Gas and Sellers Quarterly Seller Supply Deficiency, Price Adjustment Quarterly Shortfall Penalty (only in 1st Fortnight invoice of every Quarter) as the case may be if applicable; (c) the Daily Gross Calorific Heating Value of Sales Gas referred above in Kilocalories per SCM; (d) the amount of taxes, if any, payable by the Buyer on the Sales Gas delivereddelivered during the Month; (e) the interest on delayed payment for previous invoices, if any. 10.3 Invoicing shall be done on Fortnightly basis and the Buyer shall make the payment on or before the “Due Date” which shall be 26th May 202322nd of every Month for the supplies made during the first fortnight and 7th of every succeeding Month for the supplies made during the second fortnight of any Month. 10.4 Invoices for the supply of Sales Gas to the Buyer shall be raised in United States Dollars (USD) and payment shall be made: (a) in USD to CEHL to their designated account or accounts (in relation to its percentage interest share not exceeding 100% in aggregate as set out in the Sales Gas invoice from time to time); and (b) made in Indian Rupees (INR) to ONGC and Vedanta to the credit of their designated account(s) account with a bank in India (in relation to their respective percentage interest share not exceeding 100% in aggregate as set out in the Sales Gas invoice from time to time). (c) the cumulative percentage interest share of Sellers shall not exceed one hundred (100%) percentageIndia. 10.5 In relation to payments to be made in INR, the rate of exchange to be applied to convert the invoiced amount in USD to an amount expressed in INR shall be average of the daily exchange rate as published by Financial Benchmarks India Private Limited applicable for the Term of the Agreement Fortnight during which supply of Sales Gas is made. For the settlement of GNT amount and Price Adjustment amount, The Fortnightly average of the daily exchange rate for relevant quarter will be considered. The exchange rate so calculated shall be rounded off to two decimal places. 10.6 All duties, taxes, levies mentioned in the invoice to be paid to designated bank account mentioned in the invoice in INR by applying exchange rate in accordance with clause 10.5 of the Agreement. 10.7 On the Due Date if ▇▇▇▇▇Buyer’s bank is closed but SellersSeller’ banks are open, ▇▇▇▇▇ Buyer will arrange remittance on or before the Due Date. In case, if both ▇▇▇▇▇Buyer’s and SellersSeller’ banks are closed on the said Due Date, the payment can be made on the following day of the aforesaid Due Date. In case, if both the Buyer and Sellers Seller banks are closed for two or more consecutive days, any payment due on the first day shall be made on the day prior to the Due Date of payment and any such payment due on the second or any following day shall be made on the first working day following such closure. 10.8 In case Seller raise the invoice after three (3) Days i.e. after 18th of every Month for supplies made during the first Fortnight and after 3rd of every Month for supplies made during the second Fortnight then Due Date shall be extended by the number of Day(s) by which invoice has been delayed beyond the stipulated three (3) Days, provided that the Buyer has submitted all the requisite data to the Seller to raise the invoice latest by 1800 hours of 16th of every Month and 1800 hours 1st of every Month for the first and second Fortnight respectively. 10.9 If the Buyer has a bona fide dispute as to any amount, quantity, value or sum mentioned in an invoice (the “Disputed Item”), the Buyer shall notify the Sellers Seller in writing within two seven (27) days Days of receiving the invoice. The notice shall specify the Disputed Item and the reasons why the Buyer disputes such item. Whether or not any sum is disputed, the Buyer shall make payment of the entire invoice amount as per Clause 10.310. 10.9 The Sellers and the Buyer shall resolve the Disputed Item as provided for in accordance with Clause 17. The amount agreed or determined to be due in relation to the Disputed Item shall be paid within fourteen (14) days from the date that the Dispute Item is resolved. If a dispute is decided in favour of ▇▇▇▇▇, Sellers shall refund the overpayment within fourteen (14) days following resolution of the Dispute Item and Sellers shall pay interest at the Interest calculated for each day as per Clause 10.10 for the period from the day that the overpayment is made by Buyer until the date of refund by ▇▇▇▇▇▇▇. 10.10 If a Party fails to pay any sum due and owing under this Agreement by the Due Date, the interest on that sum shall accrue from the date when such payment was due, until the date the payment is finally made. The Interest shall be calculated, in the case of INR payments as SBI one-month Marginal Cost of Funds based Lending Rate (SBI MCLR) applicable on the due date plus five percentage (5%) points compounded for the Term of the Agreement, and in case of USD payments as LIBOR (6-month United States Dollars LIBOR as published by Reuters and applicable on the due date) plus five percentage (5%) points compounded quarterly.

Appears in 1 contract

Sources: Gas Sale Agreement

Billing and Payment. 10.1 10.1. Based on the Tickets for the Term of the Agreement Fortnight during which Sales Gas was supplied, within three (3) days from the End Datestart of the succeeding Fortnight, the Sellers’ Representative shall raise an invoice on the Buyer for the quantity of Sales Gas delivered to the Buyer at the Delivery PointPoint in the preceding Fortnight. 10.2 10.2. The invoice for each Fortnight shall set out among other things: (a) the quantities of Sales Gas delivered to the Buyer (in SCM and MMBTU) including AGS if applicable; (b) GNT QGNT Quantity, GNT QGNT Amount, Make up Gas and Quarterly Sellers Supply Deficiency, Quarterly Price Adjustment (only in 1st Fortnight invoice of every Quarter) as the case may be if applicable; (c) the Daily Gross Calorific Value of Sales Gas referred above in Kilocalories per SCM; (d) the amount of taxes, if any, payable by the Buyer on the Sales Gas delivereddelivered during the Fortnight; (e) the interest on delayed payment for previous invoices, if any. 10.3 10.3. Invoicing shall be done on Fortnightly basis and the Buyer shall make the payment on or before the “Due Date” which shall be 26th May 202322nd of every Month for the supplies made during the first Fortnight and 7th of every succeeding Month for the supplies made during the second Fortnight of any Month. 10.4 10.4. Invoices for the supply of Sales Gas to the Buyer shall be raised in United States Dollars (USD) and payment shall be made: (a) made by Buyer in USD to CEHL to their designated account or accounts (in relation to its percentage interest share not exceeding 100% in aggregate as set out in the Sales Gas invoice from time to time); and (b) full in Indian Rupees (INR) to Vedanta, ONGC and Vedanta IPL to the credit of their designated account(s) accounts with a bank in India (in relation to their respective percentage interest share and cumulative Participating Interest share(s) not exceeding 100% in aggregate as set out in the Sales Gas invoice from time to time). (c) the cumulative percentage interest share of Sellers shall not exceed one hundred (100%) percentage. 10.5 10.5. In relation to payments to be made in INR, the rate of exchange to be applied to convert the invoiced amount in USD to an amount expressed in INR shall be average of the daily exchange rate as published by Financial Benchmarks India Private Limited applicable for the Term of the Agreement Fortnight during which supply of Sales Gas is made. For the settlement of GNT QGNT amount and Quarterly Price Adjustment amount, average of the daily exchange rate for relevant quarter will be considered. The exchange rate so calculated shall be rounded off to two decimal places. 10.6 10.6. All duties, taxes, levies ▇▇▇▇▇▇ mentioned in the invoice to be paid to designated bank account mentioned in the invoice in INR by applying exchange rate in accordance with clause 10.5 of the Agreement. 10.7 10.7. On the Due Date if ▇▇▇▇▇’s bank is closed but Sellers’ banks are open, ▇▇▇▇▇ Buyer will arrange remittance on or before the Due Date. In case, if both ▇▇▇▇▇’s and Sellers’ banks are closed on the said Due Date, the payment can be made on the following day of the aforesaid Due Date. In case, if both the Buyer and Sellers banks are closed for two or more consecutive days, any payment due on the first day shall be made on the day prior to the Due Date of payment and any such payment due on the second or any following day shall be made on the first working day following such closure. 10.8 10.8. In case Sellers raise the invoice after three (3) days i.e., after 18th of every Month for supplies made during the first Fortnight and after 3rd of every Month for supplies made during the second Fortnight then Due Date shall be extended by the number of day(s) by which invoice has been delayed beyond the stipulated three (3) days. 10.9. If the Buyer has a bona fide dispute as to any amount, quantity, value or sum mentioned in an invoice (the “Disputed Item”), the Buyer shall notify the Sellers in writing within two seven (27) days of receiving the invoice. The notice shall specify the Disputed Item and the reasons why the Buyer disputes such item. Whether or not any sum is disputed, the Buyer shall make payment of the entire invoice amount as per Clause 10.3. 10.9 10.10. The Sellers and the Buyer shall resolve the Disputed Item as provided for in accordance with Clause 17. The amount agreed or determined to be due in relation to the Disputed Item shall be paid within fourteen (14) days from the date that the Dispute Item is resolved. If a dispute is decided in favour of ▇▇▇▇▇, Sellers shall refund the overpayment within fourteen (14) days following resolution of the Dispute Item and Sellers shall pay interest at the Interest calculated for each day as per Clause 10.10 10.11 for the period from the day that the overpayment is made by Buyer until the date of refund by ▇▇▇▇▇▇▇. 10.10 10.11. If a Party fails to pay any sum due and owing under this Agreement by the Due Date, the interest on that sum shall accrue from the date when such payment was due, until the date the payment is finally made. The Interest shall be calculated, in the case of INR payments as SBI one-month Marginal Cost of Funds based Lending Rate (SBI MCLR) applicable on the due date plus five percentage (5%) points compounded for the Term of the Agreement, and in case of USD payments as LIBOR (6-month United States Dollars LIBOR as published by Reuters and applicable on the due date) plus five percentage (5%) points compounded quarterly.

Appears in 1 contract

Sources: Gas Sales Agreement

Billing and Payment. 10.1 Based on the Tickets for the Term of the Agreement Fortnight during which Sales Gas was supplied, within three (3) days Days from the End Datestart of the succeeding Fortnight, the Sellers’ Representative Sellers shall raise an invoice on the Buyer for the quantity of Sales Gas delivered to the Buyer at the Delivery PointPoint in the preceding Fortnight. 10.2 The invoice for each Fortnight shall set out among other things: (a) the quantities of Sales The applicable Contract Gas delivered to the Buyer (Price is in SCM and MMBTU) including AGS if applicable;US Dollar. (b) GNT Quantity, GNT Amount, Make up The aggregate of allocated quantities of Gas and Sellers Supply Deficiency, Price Adjustment as in month delivered by the case may be if applicable;Seller at the delivery point in each Day during the billing Period multiplied by the Contract Gas price prevailing for the Billing period; and (c) Tha applicable Taxes, which are to be paid by the Daily Gross Calorific Value of Sales Buyer in in respect f the Gas referred above in Kilocalories per SCM;deleivered during that Billing period (d) Any other amount due and payable in accordance with the amount of taxes, if any, payable by the Buyer on the Sales Gas delivered;contract. (e) the interest on delayed payment for previous invoices, if any. 10.3 Invoicing shall be done on Fortnightly basis and the Buyer shall make the payment on or before the “Due Date” which shall be 26th May 202322nd of every Month for the supplies made during the first fortnight and 7th of every succeeding Month for the supplies made during the second fortnight of any Month. 10.4 Invoices for the supply of Sales Gas to the Buyer shall be raised in United States Dollars (USD) US Dollar and payment shall be made: (a) in USD to CEHL to their designated account or accounts (in relation to its percentage interest share not exceeding 100% in aggregate as set out in the Sales Gas invoice from time to time); and (b) in Indian Rupees (INR) to ONGC and Vedanta KIRI to the credit of their designated account(s) account with a bank in India (India. Payment for the purchase of Gas supplied in relation to their respective percentage interest share not exceeding 100% in aggregate as set out in accordance with the Sales Gas invoice from time to time). (c) the cumulative percentage interest share contract and payment of Sellers taxes shall not exceed one hundred (100%) percentage. 10.5 In relation to payments to be made in Indian Rupees (INR, ) converted from US Dollar at the SBI US$ rate of exchange to be applied to convert the invoiced amount in USD to an amount expressed in INR shall be average of the daily exchange rate as published by Financial Benchmarks India Private Limited applicable for the Term of the Agreement during which supply of Sales Gas is made. For the settlement of GNT amount and Price Adjustment amount, average of the daily exchange rate for relevant quarter will be considered. The exchange rate so calculated shall be rounded off to two decimal places. 10.6 All duties, taxes, levies mentioned in the invoice to be paid to designated bank account mentioned in the invoice in INR by applying exchange rate in accordance with clause 10.5 of the Agreement. 10.7 On the Due Date if ▇▇▇▇▇’s bank is closed but Sellers’ banks are open, ▇▇▇▇▇ will arrange remittance on or before the Due Date. In case, if both ▇▇▇▇▇’s and Sellers’ banks are closed on the said Due Date, the payment can be made on the following banking day of the aforesaid Due Date. In case, if both the Buyer and Sellers banks are closed for two or more consecutive days, any payment due on the first day shall be made on the day prior to the Due Date of payment and any such payment due on the second or any following day shall be made on the first working day following such closure. 10.8 If the Buyer has a bona fide dispute as to any amount, quantity, value or sum mentioned in an invoice (the “Disputed Item”), the Buyer shall notify the Sellers in writing within two (2) days of receiving the invoice. The notice shall specify the Disputed Item and the reasons why the Buyer disputes such item. Whether or not any sum is disputed, the Buyer shall make payment of the entire invoice amount as per Clause 10.3. 10.9 The Sellers and the Buyer shall resolve the Disputed Item as provided for in accordance with Clause 17. The amount agreed or determined to be due in relation to the Disputed Item shall be paid within fourteen (14) days from the date that the Dispute Item is resolved. If a dispute is decided in favour of ▇▇▇▇▇, Sellers shall refund the overpayment within fourteen (14) days following resolution of the Dispute Item and Sellers shall pay interest at the Interest calculated for each day as per Clause 10.10 for the period from the day that the overpayment is made by Buyer until preceding the date of refund issuance of invoice by ▇▇▇▇▇▇▇the seller. 10.10 b) If a Party fails to pay for any sum due and owing under this Agreement by the Due Datereason, the interest SBI rate on that sum shall accrue from such banking day is not published then the date when such payment was due, until last available SBI US$ rate prior to issuance of the date the payment is finally made. The Interest relevant invoice shall be calculated, in the case of INR payments as SBI one-month Marginal Cost of Funds based Lending Rate (SBI MCLR) applicable on the due date plus five percentage (5%) points compounded for the Term of the Agreement, and in case of USD payments as LIBOR (6-month United States Dollars LIBOR as published by Reuters and applicable on the due date) plus five percentage (5%) points compounded quarterlyapplicable.

Appears in 1 contract

Sources: Gas Sales Agreement

Billing and Payment. 10.1 10.1. Based on the Tickets for the Term of the Agreement Fortnight during which Sales Gas was supplied, within three (3) days from the End Datestart of the following Fortnight, the Sellers’ Representative Seller shall raise an invoice on the Buyer for the quantity of Sales Gas delivered to the Buyer at the Delivery PointPoint in the preceding Fortnight. 10.2 10.2. The invoice for each Fortnight shall set out among other things: (a) the quantities of Sales Gas delivered to the Buyer (in SCM and MMBTU) including AGS if applicable; (b) GNT the debit/ credit note in lieu of Monthly Take & Pay Obligation and Quarterly Price Adjustment shall be issued in the 1st Fortnight after the end of each Month/ Quarter. It will contain the details of MGNT Quantity, GNT MGNT Amount, Make up Makeup Gas and Sellers Quarterly Seller Supply Deficiency, Quarterly Price Adjustment as the case may be if applicable;. (c) the Daily Gross Calorific Value of Sales Gas referred above in Kilocalories per SCM; (d) the amount of taxes, if any, Taxes payable by the Buyer on the Sales Gas delivereddelivered during the Fortnight; (e) 10.3. Invoicing shall be done on Fortnightly basis and the interest on delayed payment for previous invoices, if any. 10.3 Buyer shall make the payment on or before the “Due Date” which shall be 26th May 202322nd of every Month for the supplies made during the first Fortnight and 7th of every following Month for the supplies made during the second Fortnight of any Month. 10.4 10.4. Invoices for the supply of Sales Gas to the Buyer shall be raised in United States Dollars (USD) and payment shall be made: (a) in USD to CEHL to their designated account or accounts (in relation to its percentage interest share not exceeding 100% in aggregate as set out in the Sales Gas invoice from time to time); and (b) made in Indian Rupees (INR) to ONGC and Vedanta to the credit of their designated account(s) with a bank in India (in relation to their respective percentage interest share not exceeding 100% in aggregate as set out in the Sales Gas invoice from time to time)India. (c) the cumulative percentage interest share of Sellers shall not exceed one hundred (100%) percentage. 10.5 10.5. In relation to payments to be made in INR, the rate of exchange to be applied to convert the invoiced amount in USD to an amount expressed in INR shall be average of the daily exchange rate as published by Financial Benchmarks India Private Limited applicable for the Term of the Agreement Fortnight during which supply of Sales Gas is made. For the settlement of GNT MGNT amount and Quarterly Price Adjustment amount, average of the daily exchange rate for relevant month/quarter will be considered. The exchange rate so calculated shall be rounded off to two decimal places. 10.6 10.6. All duties, taxes, levies Taxes mentioned in the invoice to be paid to designated bank account mentioned in the invoice in INR by applying exchange rate in accordance with clause Clause 10.5 of the Agreement. 10.7 On 10.7. For reasons not attributable to the Buyer, in case Seller raise the invoice after three (3) days i.e., after 18th of every Month for supplies made during the first Fortnight and after 3rd of every Month for supplies made during the second Fortnight then Due Date shall be extended by the number of day(s) by which invoice has been delayed beyond the stipulated three (3) days. 10.8. Before the Start Date, the Buyer shall provide primary billing details (specifying sales against C Form in case of interstate sales, if ▇▇▇▇▇’s bank is closed but Sellers’ banks are open, ▇▇▇▇▇ will arrange remittance on or applicable) for the purpose of issuing Fortnightly invoices. 10.9. The Buyer shall inform the Seller before the Due Datestart of each Month, if it plans to offtake Sales Gas from multiple billing address. In such case, Seller shall provide separate Ticket for such Days for multiple billing address, subject to Buyer confirming the required details including Sales Gas volume split before 1300 hours of the day of supply of such Gas Sales. Seller will be under no obligation to provide the separate gas Ticket if Buyer fails to comply with the aforementioned timeline. In case, if both ▇▇▇▇▇’s and Sellers’ banks are closed on Sales Gas volume split is not received from the said Due DateBuyer within the specified timeline, the payment can be made on the following day of the aforesaid Due Date. In case, if both the Buyer and Sellers banks are closed for two or more consecutive days, any payment due on the first day Ticket shall be made on issued at the day prior to the Due Date of payment and any such payment due on the second or any following day shall be made on the first working day following such closureprimary billing details. 10.8 10.10. If the Buyer has a bona fide dispute as to any amount, quantity, value or sum mentioned in an invoice (the “Disputed Item”), the Buyer shall notify the Sellers Seller in writing within two seven (27) days of receiving the invoice. The notice shall specify the Disputed Item and the reasons why the Buyer disputes such item. Whether or not any sum is disputed, the Buyer shall make payment of the entire invoice amount as per Clause 10.3. 10.9 10.11. The Sellers Seller and the Buyer shall resolve the Disputed Item as provided for in accordance with Clause 1718. The amount agreed or determined to be due in relation to the Disputed Item shall be paid within fourteen (14) days from the date that the Dispute Item is resolved. If a dispute is decided in favour of ▇▇▇▇▇Buyer, Sellers Seller shall refund the overpayment within fourteen (14) days following resolution of the Dispute Item and Sellers Seller shall pay interest at the Interest calculated for each day as per Clause 10.10 for the period from the day that the overpayment is made by Buyer until the date of refund by ▇▇▇▇▇▇▇. 10.10 If a Party fails to pay any sum due and owing under this Agreement by the Due Date, the interest on that sum shall accrue from the date when such payment was due, until the date the payment is finally made. The Interest shall be calculated, in the case of INR payments as SBI one-month Marginal Cost of Funds based Lending Rate (SBI MCLR) applicable on the due date plus five percentage (5%) points compounded for the Term of the Agreement, and in case of USD payments as LIBOR (6-month United States Dollars LIBOR as published by Reuters and applicable on the due date) plus five percentage (5%) points compounded quarterly.Clause

Appears in 1 contract

Sources: Gas Sale Agreement

Billing and Payment. 10.1 10.1. Based on the Tickets for the Term of the Agreement Fortnight during which Sales Gas was supplied, within three (3) days from the End Datestart of the succeeding Fortnight, the Sellers’ Representative shall raise an invoice on the Buyer for the quantity of Sales Gas delivered to the Buyer at the Delivery PointPoint in the preceding Fortnight. 10.2 10.2. The invoice for each Fortnight shall set out among other things: (a) the quantities of Sales Gas delivered to the Buyer (in SCM and MMBTU) including AGS if applicable; (b) GNT the debit/ credit note in lieu of Monthly Take & Pay Obligation and Quarterly Price Adjustment shall be issued in the 1st Fortnight after the end of each Month/ Quarter. It will contain the details of MGNT Quantity, GNT MGNT Amount, Make up Makeup Gas and Sellers Quarterly Seller Supply Deficiency, Quarterly Price Adjustment as the case may be if applicable;. (c) the Daily Gross Calorific Value of Sales Gas referred above in Kilocalories per SCM; (d) the amount of taxes, if any, payable by the Buyer on the Sales Gas delivereddelivered during the Fortnight; (e) 10.3. Invoicing shall be done on Fortnightly basis and the interest on delayed payment for previous invoices, if any. 10.3 Buyer shall make the payment on or before the “Due Date” which shall be 26th May 202322nd of every Month for the supplies made during the first Fortnight and 7th of every succeeding Month for the supplies made during the second Fortnight of any Month. 10.4 10.4. Invoices for the supply of Sales Gas to the Buyer shall be raised in United States Dollars (USD) and payment shall be made: (a) in USD to CEHL to their designated account or accounts (in relation to its percentage interest share not exceeding 100% in aggregate as set out in the Sales Gas invoice from time to time); and (b) in Indian Rupees (INR) to ONGC and Vedanta to the credit of their designated account(s) with a bank in India (in relation to their respective percentage interest share not exceeding 100% in aggregate as set out in the Sales Gas invoice from time to time). (c) the cumulative percentage interest share of Sellers shall not exceed one hundred (100%) percentage. 10.5 10.5. In relation to payments to be made in INR, the rate of exchange to be applied to convert the invoiced amount in USD to an amount expressed in INR shall be average of the daily exchange rate as published by Financial Benchmarks India Private Limited applicable for the Term of the Agreement Fortnight during which supply of Sales Gas is made. For the settlement of GNT MGNT amount and Quarterly Price Adjustment amount, average of the daily exchange rate for relevant month/ quarter will be considered. The exchange rate so calculated shall be rounded off to two decimal places. 10.6 10.6. All duties, taxes, levies ▇▇▇▇▇▇ mentioned in the invoice to be paid to designated bank account mentioned in the invoice in INR by applying exchange rate in accordance with clause 10.5 of the Agreement. 10.7 On 10.7. In case Sellers raise the invoice after three (3) days i.e., after 18th of every Month for supplies made during the first Fortnight and after 3rd of every Month for supplies made during the second Fortnight then Due Date if ▇▇▇▇▇’s bank is closed but Sellers’ banks are openshall be extended by the number of day(s) by which invoice has been delayed beyond the stipulated three (3) days. 10.8. Before the Start Date, ▇▇▇▇▇ will arrange remittance on or the Buyer shall provide primary billing details (specifying sales against C Form in case of interstate sales) for the purpose of issuing Fortnightly invoices. 10.9. The Buyer shall inform the Seller before the Due Datestart of each Month, if it plans to offtake Sales Gas from multiple billing address. In such case, Sellers shall provide separate Ticket for such Days for multiple billing address, subject to Buyer confirming the required details including Sales Gas volume split before 1300 hours of the following day of such Gas Sales. Sellers will be under no obligation to provide the separate gas Ticket if Buyer fails to comply with the aforementioned timeline. In case, if both ▇▇▇▇▇’s and Sellers’ banks are closed on Sales Gas volume split is not received from the said Due DateBuyer by 1300 hrs of the following day, the payment can be made on the following day of the aforesaid Due Date. In case, if both the Buyer and Sellers banks are closed for two or more consecutive days, any payment due on the first day Ticket shall be made on issued at the day prior to the Due Date of payment and any such payment due on the second or any following day shall be made on the first working day following such closureprimary billing details. 10.8 10.10. If the Buyer has a bona fide dispute as to any amount, quantity, value or sum mentioned in an invoice (the “Disputed Item”), the Buyer shall notify the Sellers in writing within two seven (27) days of receiving the invoice. The notice shall specify the Disputed Item and the reasons why the Buyer disputes such item. Whether or not any sum is disputed, the Buyer shall make payment of the entire invoice amount as per Clause 10.3. 10.9 10.11. The Sellers and the Buyer shall resolve the Disputed Item as provided for in accordance with Clause 17. The amount agreed or determined to be due in relation to the Disputed Item shall be paid within fourteen (14) days from the date that the Dispute Item is resolved. If a dispute is decided in favour of ▇▇▇▇▇, Sellers shall refund the overpayment within fourteen (14) days following resolution of the Dispute Item and Sellers shall pay interest at the Interest calculated for each day as per Clause 10.10 10.11 for the period from the day that the overpayment is made by Buyer until the date of refund by ▇▇▇▇▇▇▇. 10.10 10.12. If a Party fails to pay any sum due and owing under this Agreement by the Due Date, the interest on that sum shall accrue from the date when such payment was due, until the date the payment is finally made. The Interest shall be calculated, in the case of INR payments as SBI one-month Marginal Cost of Funds based Lending Rate (SBI MCLR) applicable on the due date plus five percentage (5%) points compounded for the Term of the Agreementquarterly, and in case of USD payments as LIBOR CME Term SOFR (6-6 month United States Dollars LIBOR CME Term SOFR as published by Reuters CME group and applicable on the due date) plus five two percentage (52%) points compounded quarterly. Interest invoice shall be separately issued to the buyer in case of delayed payment.

Appears in 1 contract

Sources: Gas Sales Agreement

Billing and Payment. 10.1 Based on the Tickets for the Term of the Agreement Fortnight during which Sales Gas was supplied, within three (3) days Days from the End Datestart of the succeeding Fortnight, the Sellers’ Representative Sellers shall raise an invoice on the Buyer for the quantity of Sales Gas delivered to the Buyer at the Delivery PointPoint in the preceding Fortnight. 10.2 The invoice for each Fortnight shall set out among other things: (a) the quantities of Sales Gas delivered to the Buyer (in SCM and MMBTU) including AGS if applicable;. (b) GNT AGNT Quantity, GNT AGNT Amount, Make up Gas and Sellers Supply Deficiency, Price Adjustment (only in 1st Fortnight invoice of every Annual Year) as the case may be if applicable;. (c) the Daily Gross Calorific Heating Value of Sales Gas referred above in Kilocalories per SCM; (d) the amount of taxes, if any, payable by the Buyer on the Sales Gas delivereddelivered during the Month; (e) the interest on delayed payment for previous invoices, if any. 10.3 Invoicing shall be done on Fortnightly basis and the Buyer shall make the payment on or before the “Due Date” which shall be 26th May 202322nd of every Month for the supplies made during the first fortnight and 7th of every succeeding Month for the supplies made during the second fortnight of any Month. 10.4 Invoices for the supply of Sales Gas to the Buyer shall be raised in United States Dollars (USD) and payment shall be made: (a) in USD to CEHL to their designated account or accounts (in relation to its percentage interest share not exceeding 100% in aggregate as set out in the Sales Gas invoice from time to time); and (b) in Indian Rupees (INR) to ONGC and Vedanta to the credit of their designated account(s) with a bank in India (in relation to their respective percentage interest share not exceeding 100% in aggregate as set out in the Sales Gas invoice from time to time). (c) the cumulative percentage interest share of Sellers shall not exceed one hundred (100%) percentage. 10.5 In relation to payments to be made in INR, the rate of exchange to be applied to convert the invoiced amount in USD to an amount expressed in INR shall be average of the daily exchange rate as published by Financial Benchmarks India Private Limited applicable for the Term of the Agreement Fortnight during which supply of Sales Gas is made. For the settlement of GNT amount and Price Adjustment AGNT amount, average of the daily exchange rate for relevant quarter Annual Year will be considered. The exchange rate so calculated shall be rounded off to two decimal places. 10.6 All duties, taxes, levies mentioned in the invoice to be paid to designated bank account mentioned in the invoice in INR by applying exchange rate in accordance with clause 10.5 of the Agreement. 10.7 On the Due Date if ▇▇▇▇▇’s bank is closed but Sellers’ Sellers banks are open, ▇▇▇▇▇ will arrange remittance on or before the Due Date. In case, if both ▇▇▇▇▇’s and Sellers’ banks are closed on the said Due Date, the payment can be made on the following day of the aforesaid Due Date. In case, if both the Buyer and Sellers banks are closed for two or more consecutive days, any payment due on the first day shall be made on the day prior to the Due Date of payment and any such payment due on the second or any following day shall be made on the first working day following such closure. 10.8 In case Sellers raises the invoice after three (3) Days i.e. after 18th of every Month for supplies made during the first Fortnight and after 3rd of every Month for supplies made during the second Fortnight then Due Date shall be extended by the number of Day(s) by which invoice has been delayed beyond the stipulated three (3) Days, provided that the Buyer has submitted all the requisite data to the Sellers to raise the invoice latest by 1800 hours of 16th of every Month and 1800 hours 1st of every Month for the first and second Fortnight respectively. 10.9 If the Buyer has a bona fide dispute as to any amount, quantity, value or sum mentioned in an invoice (the “Disputed Item”), the Buyer shall notify the Sellers in writing within two seven (27) days Days of receiving the invoice. The notice shall specify the Disputed Item and the reasons why the Buyer disputes such item. Whether or not any sum is disputed, the Buyer shall make payment of the entire invoice amount as per Clause 10.310. 10.9 The Sellers and the Buyer shall resolve the Disputed Item as provided for in accordance with Clause 17. The amount agreed or determined to be due in relation to the Disputed Item shall be paid within fourteen (14) days from the date that the Dispute Item is resolved. If a dispute is decided in favour of ▇▇▇▇▇, Sellers shall refund the overpayment within fourteen (14) days following resolution of the Dispute Item and Sellers shall pay interest at the Interest calculated for each day as per Clause 10.10 for the period from the day that the overpayment is made by Buyer until the date of refund by ▇▇▇▇▇▇▇. 10.10 If a Party fails to pay any sum due and owing under this Agreement by the Due Date, the interest on that sum shall accrue from the date when such payment was due, until the date the payment is finally made. The Interest shall be calculated, in the case of INR payments as SBI one-month Marginal Cost of Funds based Lending Rate (SBI MCLR) applicable on the due date plus five percentage (5%) points compounded for the Term of the Agreement, and in case of USD payments as LIBOR (6-month United States Dollars LIBOR as published by Reuters and applicable on the due date) plus five percentage (5%) points compounded quarterly.

Appears in 1 contract

Sources: Gas Sales Agreement

Billing and Payment. 10.1 Based on the Tickets for the Term of the Agreement Fortnight during which Sales Gas was supplied, within three (3) days Days from the End Datestart of the succeeding Fortnight, the Sellers’ Representative Sellers shall raise an invoice on the Buyer for the quantity of Sales Gas delivered to the Buyer at the Delivery PointPoint in the preceding Fortnight. 10.2 The invoice for each Fortnight shall set out among other things: (a) the quantities of Sales The applicable Contract Gas delivered to the Buyer (Price is in SCM and MMBTU) including AGS if applicable;US Dollar. (b) GNT Quantity, GNT Amount, Make up The aggregate of allocated quantities of Gas and Sellers Supply Deficiency, Price Adjustment as in month delivered by the case may be if applicable;Seller at the delivery point in each Day during the billing Period multiplied by the Contract Gas price prevailing for the Billing period; and (c) Tha applicable Taxes, which are to be paid by the Daily Gross Calorific Value of Sales Buyer in in respect f the Gas referred above in Kilocalories per SCM;deleivered during that Billing period (d) Any other amount due and payable in accordance with the amount of taxes, if any, payable by the Buyer on the Sales Gas delivered;contract. (e) the interest on delayed payment for previous invoices, if any. 10.3 Invoicing shall be done on Fortnightly basis and the Buyer shall make the payment on or before the “Due Date” which shall be 26th May 202322nd of every Month for the supplies made during the first fortnight and 7th of every succeeding Month for the supplies made during the second fortnight of any Month. 10.4 Invoices for the supply of Sales Gas to the Buyer shall be raised in United States Dollars (USD) US Dollar and payment shall be made: (a) in USD to CEHL to their designated account or accounts (in relation to its percentage interest share not exceeding 100% in aggregate as set out in the Sales Gas invoice from time to time); and (b) in Indian Rupees (INR) to ONGC and Vedanta KIRI to the credit of their designated account(s) account with a bank in India (India. Payment for the purchase of Gas supplied in relation to their respective percentage interest share not exceeding 100% in aggregate as set out in accordance with the Sales Gas invoice from time to time). (c) the cumulative percentage interest share contract and payment of Sellers taxes shall not exceed one hundred (100%) percentage. 10.5 In relation to payments to be made in Indian Rupees (INR) converted from US Dollar at the SBI US$ rate on the banking day preceding the date of issuance of invoice by the seller. b) If for any reason, the SBI rate on such banking day is not published then the last available SBI US$ rate prior to issuance of exchange to be applied to convert the invoiced amount in USD to an amount expressed in INR relevant invoice shall be average of the daily exchange rate as published by Financial Benchmarks India Private Limited applicable for the Term of the Agreement during which supply of Sales Gas is made. For the settlement of GNT amount and Price Adjustment amount, average of the daily exchange rate for relevant quarter will be considered. The exchange rate so calculated shall be rounded off to two decimal placesapplicable. 10.6 All duties, taxes, levies mentioned in the invoice to be paid to designated bank account mentioned in the invoice in INR by applying exchange rate in accordance with clause 10.5 of the Agreement. 10.7 On In case Sellers raises the invoice after three (3) Days i.e. after 18th of every Month for supplies made during the first Fortnight and after 3rd of every Month for supplies made during the second Fortnight then Due Date if ▇▇▇▇▇’s bank is closed but Sellers’ banks are open, ▇▇▇▇▇ will arrange remittance on or before the Due Date. In case, if both ▇▇▇▇▇’s and Sellers’ banks are closed on the said Due Date, the payment can be made on the following day of the aforesaid Due Date. In case, if both the Buyer and Sellers banks are closed for two or more consecutive days, any payment due on the first day shall be made on extended by the day prior to number of Day(s) by which invoice has been delayed beyond the Due Date of payment and any such payment due on the second or any following day shall be made on the first working day following such closure. 10.8 If stipulated three (3) Days, provided that the Buyer has a bona fide dispute as submitted all the requisite data to any amount, quantity, value or sum mentioned in an invoice (the “Disputed Item”), the Buyer shall notify the Sellers in writing within two (2) days to raise the invoice latest by 1800 hours of receiving the invoice. The notice shall specify the Disputed Item 16th of every Month and the reasons why the Buyer disputes such item. Whether or not any sum is disputed, the Buyer shall make payment 1800 hours 1st of the entire invoice amount as per Clause 10.3. 10.9 The Sellers and the Buyer shall resolve the Disputed Item as provided for in accordance with Clause 17. The amount agreed or determined to be due in relation to the Disputed Item shall be paid within fourteen (14) days from the date that the Dispute Item is resolved. If a dispute is decided in favour of ▇▇▇▇▇, Sellers shall refund the overpayment within fourteen (14) days following resolution of the Dispute Item and Sellers shall pay interest at the Interest calculated for each day as per Clause 10.10 every Month for the period from the day that the overpayment is made by Buyer until the date of refund by ▇▇▇▇▇▇▇first and second Fortnight respectively. 10.10 If a Party fails to pay any sum due and owing under this Agreement by the Due Date, the interest on that sum shall accrue from the date when such payment was due, until the date the payment is finally made. The Interest shall be calculated, in the case of INR payments as SBI one-month Marginal Cost of Funds based Lending Rate (SBI MCLR) applicable on the due date plus five percentage (5%) points compounded for the Term of the Agreement, and in case of USD payments as LIBOR (6-month United States Dollars LIBOR as published by Reuters and applicable on the due date) plus five percentage (5%) points compounded quarterly.

Appears in 1 contract

Sources: Gas Sale Agreement

Billing and Payment. 10.1 Based on the Tickets for the Term of the Agreement Fortnight during which Sales Gas was supplied, within three (3) days Days from the End Datestart of the succeeding Fortnight, the Sellers’ Representative Sellers shall raise an invoice on the Buyer for the quantity of Sales Gas delivered to the Buyer at the Delivery PointPoint in the preceding Fortnight. 10.2 The invoice for each Fortnight shall set out among other things: (a) the quantities of Sales Gas delivered to the Buyer (in SCM and MMBTU) including AGS if applicableAGS; (b) GNT QGNT Quantity, GNT QGNT Amount, Make up Gas and Quarterly Sellers Supply Deficiency, Price Adjustment Quarterly Shortfall Penalty (only in 1st Fortnight invoice of every Quarter) as the case may be if applicablebe; (c) the Daily Gross Calorific Heating Value of Sales Gas referred above in Kilocalories per SCM; (d) the amount of taxes, if any, payable by the Buyer on the Sales Gas delivereddelivered during the Month; (e) the interest on delayed payment for previous invoices, if any. 10.3 Invoicing shall be done on Fortnightly basis and the Buyer shall make the payment on or before the “Due Date” which shall be 26th May 202322nd of every Month for the supplies made during the first fortnight and 7th of every succeeding Month for the supplies made during the second fortnight of any Month. 10.4 Invoices for the supply of Sales Gas to the Buyer shall be raised in United States Dollars (USD) and payment shall be made: (a) in USD to CEHL to their designated account or accounts (in relation to its percentage interest share not exceeding 100% in aggregate as set out in the Sales Gas invoice from time to time); and (b) in Indian Rupees (INR) to ONGC and Vedanta to the credit of their designated account(s) with a bank in India (in relation to their respective percentage interest share not exceeding 100% in aggregate as set out in the Sales Gas invoice from time to timetime ). (c) the cumulative percentage interest share of Sellers shall not exceed one hundred (100%) percentage. 10.5 In relation to payments to be made in INR, the rate of exchange to be applied to convert the invoiced amount in USD to an amount expressed in INR shall be average of the daily exchange rate as published by Financial Benchmarks India Private Limited applicable for the Term of the Agreement Fortnight during which supply of Sales Gas is made. For the settlement of GNT amount and Price Adjustment amount, The Fortnightly average of the daily exchange rate for relevant quarter will be considered. The exchange rate so calculated shall be rounded off to two decimal places. 10.6 All duties, taxes, levies mentioned in the invoice to be paid to designated bank account mentioned in the invoice in INR by applying exchange rate in accordance with clause 10.5 of the Agreement. 10.7 On the Due Date if ▇▇▇▇▇Buyer’s bank is closed but Sellers’ banks are open, ▇▇▇▇▇ Buyer will arrange remittance on or before the Due Date. In case, if both ▇▇▇▇▇Buyer’s and Sellers’ banks are closed on the said Due Date, the payment can be made on the following day of the aforesaid Due Date. In case, if both the Buyer Buyer’s and Sellers Sellers’ banks are closed for two or more consecutive days, any payment due on the first day shall be made on the day prior to the Due Date of payment and any such payment due on the second or any following day shall be made on the first working day following such closure. 10.8 In case Sellers raise the invoice after three (3) Days i.e. after 18th of every Month for supplies made during the first Fortnight and after 3rd of every Month for supplies made during the second Fortnight then Due Date shall be extended by the number of Day(s) by which invoice has been delayed beyond the stipulated three (3) Days, provided that the Buyer has submitted all the requisite data to the Sellers to raise the invoice latest by 1800 hours of 16th of every Month and 1800 hours 1st of every Month for the first and second Fortnight respectively. 10.9 If the Buyer has a bona fide dispute as to any amount, quantity, value or sum mentioned in an invoice (the “Disputed Item”), the Buyer shall notify the Sellers in writing within two seven (27) days Days of receiving the invoice. The notice shall specify the Disputed Item and the reasons why the Buyer disputes such item. Whether or not any sum is disputed, the Buyer shall make payment of the entire invoice amount as per Clause 10.3. 10.9 10.10 The Sellers and the Buyer shall resolve the Disputed Item as provided for in accordance with Clause 1718. The amount agreed or determined to be due in relation to the Disputed Item shall be paid within fourteen (14) days from the date that the Dispute Item is resolved. If a dispute is decided in favour of ▇▇▇▇▇Buyer, Sellers shall refund the overpayment within fourteen (14) days Business Days following resolution of the Dispute Item and Sellers shall pay interest at the Interest calculated for each day as per Clause 10.10 10.11 for the period from the day that the overpayment is made by Buyer until the date of refund by ▇▇▇▇▇▇▇Sellers. 10.10 10.11 If a Party fails to pay any sum due and owing under this Agreement by the Due Date, the interest on that sum shall accrue from the date when such payment was due, until the date the payment is finally made. The Interest shall be calculated, in the case of INR payments as SBI one-month Marginal Cost of Funds based Lending Base Rate (SBI MCLR) applicable on the due date date) plus five percentage (5%) points compounded for the Term of the Agreementquarterly, and in case of USD payments as LIBOR (6-6 month United States Dollars LIBOR as published by Reuters and applicable on the due date) plus five two percentage (52%) points compounded quarterly.

Appears in 1 contract

Sources: Gas Sales Agreement

Billing and Payment. 10.1 Based on the Tickets for the Term of the Agreement Fortnight during which Sales Gas was supplied, within three (3) days Days from the End Datestart of the succeeding Fortnight, the Sellers’ Representative shall raise an invoice on the Buyer for the quantity of Sales Gas delivered to the Buyer at the Delivery PointPoint in the preceding Fortnight. 10.2 The invoice for each Fortnight shall set out among other things: (a) the quantities of Sales Gas delivered to the Buyer (in SCM and MMBTU) including AGS if applicable; (b) GNT QGNT Quantity, GNT QGNT Amount, Make up Makeup Gas and Quarterly Sellers Supply Deficiency, Quarterly Price Adjustment (only in 1st Fortnight invoice of every Quarter) as the case may be if applicable; (c) the Daily Gross Calorific Value of Sales Gas referred above in Kilocalories per SCM; (d) the amount of taxes, if any, payable by the Buyer on the Sales Gas delivereddelivered during the Fortnight; (e) the interest on delayed payment for previous invoices, if any. 10.3 Invoicing shall be done on Fortnightly basis and the Buyer shall make the payment on or before the “Due Date” which shall be 26th May 202322nd of every Month for the supplies made during the first Fortnight and 7th of every succeeding Month for the supplies made during the second Fortnight of any Month. 10.4 Invoices for the supply of Sales Gas to the Buyer shall be raised in United States Dollars (USD) and payment shall be made: made by Buyer in full in Indian Rupees (aINR) in USD to CEHL Vedanta, ONGC and IPL to the credit of their designated account or accounts with a bank in India (in relation to its percentage interest share their respective and cumulative Participating Interest share(s) not exceeding 100% in aggregate as set out in the Sales Gas invoice from time to time); and (b) in Indian Rupees (INR) to ONGC and Vedanta to the credit of their designated account(s) with a bank in India (in relation to their respective percentage interest share not exceeding 100% in aggregate as set out in the Sales Gas invoice from time to time). (c) the cumulative percentage interest share of Sellers shall not exceed one hundred (100%) percentage. 10.5 In relation to payments to be made in INR, the rate of exchange to be applied to convert the invoiced amount in USD to an amount expressed in INR shall be average of the daily exchange rate as published by Financial Benchmarks India Private Limited applicable for the Term of the Agreement Fortnight during which supply of Sales Gas is made. For the settlement of GNT QGNT amount and Quarterly Shortfall Price Adjustment amount, average of the daily exchange rate for relevant quarter Monthly will be considered. The exchange rate so calculated shall be rounded off to two decimal places. 10.6 All duties, taxes, levies mentioned in the invoice to be paid to designated bank account mentioned in the invoice in INR by applying exchange rate in accordance with clause 10.5 of the Agreement. 10.7 On the Due Date if ▇▇▇▇▇’s bank is closed but Sellers’ banks are open, ▇▇▇▇▇ will arrange remittance on or before the Due Date. In case, if both ▇▇▇▇▇’s and Sellers’ banks are closed on the said Due Date, the payment can be made on the following day of the aforesaid Due Date. In case, if both the Buyer and Sellers banks are closed for two or more consecutive days, any payment due on the first day shall be made on the day prior to the Due Date of payment and any such payment due on the second or any following day shall be made on the first working day following such closure. 10.8 In case Sellers raise the invoice after three (3) Days i.e. after 18th of every Month for supplies made during the first Fortnight and after 3rd of every Month for supplies made during the second Fortnight then Due Date shall be extended by the number of Day(s) by which invoice has been delayed beyond the stipulated three(3) Days. 10.9 If the Buyer has a bona fide dispute as to any amount, quantity, value or sum mentioned in an invoice (the “Disputed Item”), the Buyer shall notify the Sellers in writing within two seven (27) days Days of receiving the invoice. The notice shall specify the Disputed Item and the reasons why the Buyer disputes such item. Whether or not any sum is disputed, the Buyer shall make payment of the entire invoice amount as per Clause 10.3. 10.9 10.10 The Sellers and the Buyer shall resolve the Disputed Item as provided for in accordance with Clause 1718. The amount agreed or determined to be due in relation to the Disputed Item shall be paid within fourteen (14) days from the date that the Dispute Item is resolved. If a dispute is decided in favour of ▇▇▇▇▇, Sellers shall refund the overpayment within fourteen (14) days Business Days following resolution of the Dispute Item and Sellers shall pay interest at the Interest calculated for each day as per Clause 10.10 10.11 for the period from the day that the overpayment is made by Buyer until the date of refund by ▇▇▇▇▇▇▇Sellers. 10.10 10.11 If a Party fails to pay any sum due and owing under this Agreement by the Due Date, the interest on that sum shall accrue from the date when such payment was due, until the date the payment is finally made. The Interest shall be calculated, in the case of INR payments as SBI one-month Marginal Cost of Funds based Lending Rate (SBI MCLR) applicable on the due date plus five percentage (5%) points compounded for the Term of the Agreement, and in case of USD payments as LIBOR (6-month United States Dollars LIBOR as published by Reuters and applicable on the due date) plus five percentage (5%) points compounded quarterly.

Appears in 1 contract

Sources: Gas Sale Agreement

Billing and Payment. 10.1 Based on the Tickets for the Term of the Agreement Fortnight during which Sales Gas was supplied, within three (3) days Days from the End Datestart of the succeeding Fortnight, the Sellers’ Representative shall raise an invoice on the Buyer for the quantity of Sales Gas delivered to the Buyer at the Delivery PointPoint in the preceding Fortnight. 10.2 The invoice for each Fortnight shall set out among other things: (a) the quantities of Sales Gas delivered to the Buyer (in SCM and MMBTU) including AGS if applicable; (b) GNT QGNT Quantity, GNT QGNT Amount, Make up Gas and Quarterly Sellers Supply Deficiency, Price Adjustment Quarterly Shortfall Penalty (only in 1st Fortnight invoice of every Quarter) as the case may be if applicable; (c) the Daily Gross Calorific Value of Sales Gas referred above in Kilocalories per SCM; (d) the amount of taxes, if any, payable by the Buyer on the Sales Gas delivereddelivered during the Fortnight; (e) the interest on delayed payment for previous invoices, if any. 10.3 Invoicing shall be done on Fortnightly basis and the Buyer shall make the payment on or before the “Due Date” which shall be 26th May 202322nd of every Month for the supplies made during the first Fortnight and 7th of every succeeding Month for the supplies made during the second Fortnight of any Month. 10.4 Invoices for the supply of Sales Gas to the Buyer shall be raised in United States Dollars (USD) and payment shall be made: made by Buyer in full in Indian Rupees (aINR) in USD to CEHL Vedanta, ONGC and TPL to the credit of their designated account or accounts with a bank in India (in relation to its percentage interest share their respective and cumulative Participating Interest share(s) not exceeding 100% in aggregate as set out in the Sales Gas invoice from time to time); and (b) in Indian Rupees (INR) to ONGC and Vedanta to the credit of their designated account(s) with a bank in India (in relation to their respective percentage interest share not exceeding 100% in aggregate as set out in the Sales Gas invoice from time to time). (c) the cumulative percentage interest share of Sellers shall not exceed one hundred (100%) percentage. 10.5 In relation to payments to be made in INR, the rate of exchange to be applied to convert the invoiced amount in USD to an amount expressed in INR shall be average of the daily exchange rate as published by Financial Benchmarks India Private Limited applicable for the Term of the Agreement Fortnight during which supply of Sales Gas is made. For the settlement of GNT QGNT amount and Price Adjustment Quarterly Shortfall Penalty amount, average of the daily exchange rate for relevant quarter will be considered. The exchange rate so calculated shall be rounded off to two decimal places. 10.6 All duties, taxes, levies mentioned in the invoice to be paid to designated bank account mentioned in the invoice in INR by applying exchange rate in accordance with clause 10.5 of the Agreement. 10.7 On the Due Date if ▇▇▇▇▇Buyer’s bank is closed but Sellers’ banks are open, ▇▇▇▇▇ Buyer will arrange remittance on or before the Due Date. In case, if both ▇▇▇▇▇Buyer’s and Sellers’ banks are closed on the said Due Date, the payment can be made on the following day of the aforesaid Due Date. In case, if both the Buyer and Sellers banks are closed for two or more consecutive days, any payment due on the first day shall be made on the day prior to the Due Date of payment and any such payment due on the second or any following day shall be made on the first working day following such closure. 10.8 In case Sellers raise the invoice after three (3) Days i.e. after 18th of every Month for supplies made during the first Fortnight and after 3rd of every Month for supplies made during the second Fortnight then Due Date shall be extended by the number of Day(s) by which invoice has been delayed beyond the stipulated three (3) Days. 10.9 If the Buyer has a bona fide dispute as to any amount, quantity, value or sum mentioned in an invoice (the “Disputed Item”), the Buyer shall notify the Sellers in writing within two seven (27) days Days of receiving the invoice. The notice shall specify the Disputed Item and the reasons why the Buyer disputes such item. Whether or not any sum is disputed, the Buyer shall make payment of the entire invoice amount as per Clause 10.3. 10.9 10.10 The Sellers and the Buyer shall resolve the Disputed Item as provided for in accordance with Clause 1718. The amount agreed or determined to be due in relation to the Disputed Item shall be paid within fourteen (14) days from the date that the Dispute Item is resolved. If a dispute is decided in favour of ▇▇▇▇▇Buyer, Sellers shall refund the overpayment within fourteen (14) days Business Days following resolution of the Dispute Item and Sellers shall pay interest at the Interest calculated for each day as per Clause 10.10 10.11 for the period from the day that the overpayment is made by Buyer until the date of refund by ▇▇▇▇▇▇▇Sellers. 10.10 10.11 If a Party fails to pay any sum due and owing under this Agreement by the Due Date, the interest on that sum shall accrue from the date when such payment was due, until the date the payment is finally made. The Interest shall be calculated, in the case of INR payments as SBI one-one month Marginal Cost of Funds based Lending Rate (SBI MCLR) applicable on the due date plus five percentage (5%) points compounded for the Term of the Agreement, and in case of USD payments as LIBOR (6-month United States Dollars LIBOR as published by Reuters and applicable on the due date) plus five percentage (5%) points compounded quarterly.

Appears in 1 contract

Sources: Gas Sale Agreement

Billing and Payment. 10.1 10.1. Based on the Tickets for the Term of the Agreement Fortnight during which Sales Gas was supplied, within three (3) days from the End Datestart of the following Fortnight, the Sellers’ Representative shall raise an invoice on the Buyer for the quantity of Sales Gas delivered to the Buyer at the Delivery PointPoint in the preceding Fortnight. 10.2 10.2. The invoice for each Fortnight shall set out among other things: (a) the quantities of Sales Gas delivered to the Buyer (in SCM and MMBTU) including AGS if applicable; (b) GNT Quantity, GNT Amount, Make up Gas and Sellers Supply Deficiency, Price Adjustment as the case may be if applicable; (c) the Daily Gross Calorific Value of Sales Gas referred above in Kilocalories per SCM; (d) the amount of taxes, if any, Taxes payable by the Buyer on the Sales Gas delivereddelivered during the Fortnight; 10.3. The debit / credit note in lieu of Monthly Take or Pay Obligation and Quarterly Price Adjustment shall be issued promptly upon end of each Month/ Quarter and payable within five (e5) days from date of receipt or adjusted with subsequent invoice payment due as applicable. It will contain the interest on delayed payment for previous invoicesdetails of MGNT Quantity, if anyMGNT Amount, Makeup Gas and Quarterly Seller Supply Deficiency, Quarterly Price Adjustment as applicable. 10.3 10.4. Invoicing shall be done on Fortnightly basis and the Buyer shall make the payment on or before the “Due Date” which shall be 26th May 202322nd of every Month for the supplies made during the first Fortnight and 7th of every following Month for the supplies made during the second Fortnight of any Month. 10.4 10.5. Invoices for the supply of Sales Gas to the Buyer shall be raised in United States Dollars (USD) and payment shall be made: (a) in USD to CEHL to their designated account or accounts (in relation to its percentage interest share not exceeding 100% in aggregate as set out in the Sales Gas invoice from time to time); and (b) in Indian Rupees (INR) to ONGC and Vedanta to the credit of their designated account(s) with a bank in India (in relation to their respective percentage interest share not exceeding 100% in aggregate as set out in the Sales Gas invoice from time to time). (c) the cumulative percentage interest share of Sellers shall not exceed one hundred (100%) percentage. 10.5 10.6. In relation to payments to be made in INR, the rate of exchange to be applied to convert the invoiced amount in USD to an amount expressed in INR shall be average of the daily exchange rate as published by Financial Benchmarks India Private Limited applicable for the Term of the Agreement Fortnight during which supply of Sales Gas is made. For the settlement of GNT MGNT amount and Quarterly Price Adjustment amount, average of the daily exchange rate for relevant month/ quarter will be considered. The exchange rate so calculated shall be rounded off to two decimal places. 10.6 10.7. All duties, taxes, levies Taxes mentioned in the invoice to be paid to designated bank account mentioned in the invoice in INR by applying exchange rate in accordance with clause 10.5 Clause 10.6 of the Agreement. 10.7 On 10.8. For reasons not attributable to the Buyer, in case Sellers raise the invoice after three (3) days i.e., after 18th of every Month for supplies made during the first Fortnight and after 3rd of every Month for supplies made during the second Fortnight then Due Date shall be extended by the number of day(s) by which invoice has been delayed beyond the stipulated three (3) days. 10.9. Before the Start Date, the Buyer shall provide primary billing details (specifying sales against C Form in case of interstate sales, if ▇▇▇▇▇’s bank is closed but Sellers’ banks are open, ▇▇▇▇▇ will arrange remittance on or applicable) for the purpose of issuing Fortnightly invoices. 10.10. The Buyer shall inform the Sellers before the Due Datestart of each Month, if it plans to offtake Sales Gas from multiple billing address. In such case, Sellers shall provide separate Ticket for such Days for multiple billing address, subject to Buyer confirming the required details including Sales Gas volume split before 1300 hours of the following day of such Gas Sales. Sellers will be under no obligation to provide the separate gas Ticket if Buyer fails to comply with the aforementioned timeline. In case, if both ▇▇▇▇▇’s Sales Gas volume split is not received from the Buyer by 1300 hrs of the following day, the Ticket shall be issued at the primary billing details. 10.11. If the Buyer fails to make payment to Seller(s) any sum due and Sellers’ banks are closed on owing under this Agreement by the said Due Date, the interest on that delayed payment can shall accrue from the date when such payment was due, until the date the payment is finally made. The Interest shall be made calculated, in the case of INR payments as SBI one-month Marginal Cost of Funds based Lending Rate (SBI MCLR) applicable on the following day due date plus five percentage (5%) points compounded quarterly, and in case of USD payments as CME Term SOFR (6 month United States Dollars CME Term SOFR as published by CME group and applicable on the aforesaid Due Datedue date) plus five percentage (5%) points compounded quarterly. In case, if both Interest invoice shall be separately issued to the Buyer and Sellers banks are closed for two or more consecutive days, any payment due on the first day shall be made on the day prior to the Due Date in case of payment and any such payment due on the second or any following day shall be made on the first working day following such closuredelayed payment. 10.8 10.12. If the Buyer has a bona fide dispute as to any amount, quantity, value or sum mentioned in an invoice (the “Disputed Item”), the Buyer shall notify the Sellers in writing within two seven (27) days of receiving the invoice. The notice shall specify the Disputed Item and the reasons why the Buyer disputes such item. Whether or not any sum is disputed, the Buyer shall make payment of the entire invoice amount as per Clause 10.310.4. 10.9 10.13. The Sellers and the Buyer shall resolve the Disputed Item as provided for in accordance with Clause 1718. The amount agreed or determined to be due in relation to the Disputed Item shall be paid within fourteen (14) days from the date that the Dispute Item is resolved. If a dispute is decided in favour of ▇▇▇▇▇, Sellers shall refund the overpayment within fourteen (14) days following resolution of the Dispute Item and Sellers shall pay interest at the Interest calculated for each day as per Clause 10.10 for the period from the day that the overpayment is made by Buyer until the date of refund by ▇▇▇▇▇▇▇. 10.10 If a Party fails to pay any sum due and owing under this Agreement by the Due Date, the interest on that sum shall accrue from the date when such payment was due, until the date the payment is finally made. The Interest rate applicable shall be calculatedbe, in the case of INR payments as SBI one-month Marginal Cost of Funds based Lending Rate (SBI MCLR) applicable on the due date plus five two percentage (52%) points compounded for the Term of the Agreementquarterly, and in case of USD payments as LIBOR CME Term SOFR (6-6 month United States Dollars LIBOR CME Term SOFR as published by Reuters CME group and applicable on the due date) plus five two percentage (52%) points compounded quarterly.

Appears in 1 contract

Sources: Gas Sales Agreement

Billing and Payment. 10.1 Based on the Tickets for the Term of the Agreement Fortnight during which Sales Gas was supplied, within three (3) days Days from the End Datestart of the succeeding Fortnight, the Sellers’ Representative Sellers shall raise an invoice on the Buyer for the quantity of Sales Gas delivered to the Buyer at the Delivery PointPoint in the preceding Fortnight. 10.2 The invoice for each Fortnight shall set out among other things: (a) the quantities of Sales Gas delivered to the Buyer (in SCM and MMBTU) including AGS if applicableAGS; (b) GNT QGNT Quantity, GNT QGNT Amount, Make up Gas and Quarterly Sellers Supply Deficiency, Price Adjustment Quarterly Shortfall Penalty (only in 1st Fortnight invoice of every Quarter) as the case may be if applicablebe; (c) the Daily Gross Calorific Heating Value of Sales Gas referred above in Kilocalories per SCM; (d) the amount of taxes, if any, payable by the Buyer on the Sales Gas delivereddelivered during the Month; (e) the interest on delayed payment for previous invoices, if any. 10.3 Invoicing shall be done on Fortnightly basis and the Buyer shall make the payment on or before the “Due Date” which shall be 26th May 202322nd of every Month for the supplies made during the first fortnight and 7th of every succeeding Month for the supplies made during the second fortnight of any Month. 10.4 Invoices for the supply of Sales Gas to the Buyer shall be raised in United States Dollars (USD) and payment shall be made: (a) in USD to CEHL to their designated account or accounts (in relation to its percentage interest share not exceeding 100% in aggregate as set out in the Sales Gas invoice from time to time); and (b) in Indian Rupees (INR) to ONGC and Vedanta to the credit of their designated account(s) with a bank in India (in relation to their respective percentage interest share not exceeding 100% in aggregate as set out in the Sales Gas invoice from time to timetime ). (c) the cumulative percentage interest share of Sellers shall not exceed one hundred (100%) percentage. 10.5 In relation to payments to be made in INR, the rate of exchange to be applied to convert the invoiced amount in USD to an amount expressed in INR shall be average of the daily exchange rate as published by Financial Benchmarks India Private Limited applicable for the Term of the Agreement Fortnight during which supply of Sales Gas is made. For the settlement of GNT amount and Price Adjustment amount, The Fortnightly average of the daily exchange rate for relevant quarter will be considered. The exchange rate so calculated shall be rounded off to two decimal places. 10.6 All duties, taxes, levies mentioned in the invoice to be paid to designated bank account mentioned in the invoice in INR by applying exchange rate in accordance with clause 10.5 of the Agreement. 10.7 On the Due Date if ▇▇▇▇▇Buyer’s bank is closed but Sellers’ banks are open, ▇▇▇▇▇ Buyer will arrange remittance on or before the Due Date. In case, if both ▇▇▇▇▇Buyer’s and Sellers’ banks are closed on the said Due Date, the payment can be made on the following day of the aforesaid Due Date. In case, if both the Buyer Buyer’s and Sellers Sellers’ banks are closed for two or more consecutive days, any payment due on the first day shall be made on the day prior to the Due Date of payment and any such payment due on the second or any following day shall be made on the first working day following such closure. 10.8 In case Sellers raise the invoice after three (3) Days i.e. after 18th of every Month for supplies made during the first Fortnight and after 3rd of every Month for supplies made during the second Fortnight then Due Date shall be extended by the number of Day(s) by which invoice has been delayed beyond the stipulated three (3) Days, provided that the Buyer has submitted all the requisite data to the Sellers to raise the invoice latest by 1800 hours of 16th of every Month and 1800 hours 1st of every Month for the first and second Fortnight respectively. 10.9 If the Buyer has a bona fide dispute as to any amount, quantity, value or sum mentioned in an invoice (the “Disputed Item”), the Buyer shall notify the Sellers in writing within two seven (27) days Days of receiving the invoice. The notice shall specify the Disputed Item and the reasons why the Buyer disputes such item. Whether or not any sum is disputed, the Buyer shall make payment of the entire invoice amount as per Clause 10.3. 10.9 10.10 The Sellers and the Buyer shall resolve the Disputed Item as provided for in accordance with Clause 17. The amount agreed or determined to be due in relation to the Disputed Item shall be paid within fourteen (14) days from the date that the Dispute Item is resolved. If a dispute is decided in favour of ▇▇▇▇▇Buyer, Sellers shall refund the overpayment within fourteen (14) days Business Days following resolution of the Dispute Item and Sellers shall pay interest at the Interest calculated for each day as per Clause 10.10 10.11 for the period from the day that the overpayment is made by Buyer until the date of refund by ▇▇▇▇▇▇▇Sellers. 10.10 10.11 If a Party fails to pay any sum due and owing under this Agreement by the Due Date, the interest on that sum shall accrue from the date when such payment was due, until the date the payment is finally made. The Interest shall be calculated, in the case of INR payments as SBI one-month Marginal Cost of Funds based Lending Base Rate (SBI MCLR) applicable on the due date date) plus five seven and a half percentage (57.5%) points compounded for the Term of the Agreementquarterly, and in case of USD payments as LIBOR (6-6 month United States Dollars LIBOR as published by Reuters and applicable on the due date) plus five two percentage (52%) points compounded quarterly.

Appears in 1 contract

Sources: Gas Sales Agreement

Billing and Payment. 10.1 Based on the Tickets for the Term of the Agreement Fortnight during which Sales Gas was supplied, within three (3) days Days from the End Datestart of the succeeding Fortnight, the Sellers’ Representative Sellers shall raise an invoice on the Buyer for the quantity of Sales Gas delivered to the Buyer at the Delivery PointPoint in the preceding Fortnight. 10.2 The invoice for each Fortnight shall set out among other things: (a) the quantities of Sales Gas delivered to the Buyer (in SCM and MMBTU) including AGS if applicable;. (b) GNT Quantity, GNT Amount, Make up Gas and Sellers Supply Deficiency, Price Adjustment as the case may be if applicable; (c) the Daily Gross Calorific Heating Value of Sales Gas referred above in Kilocalories per SCM; (dc) the amount of taxes, if any, payable by the Buyer on the Sales Gas delivereddelivered during the Month; (ed) the interest on delayed payment for previous invoices, if any. 10.3 Invoicing shall be done on Fortnightly basis and the Buyer shall make the payment on or before the “Due Date” which shall be 26th May 202322nd of every Month for the supplies made during the first fortnight and 7th of every succeeding Month for the supplies made during the second fortnight of any Month. 10.4 Invoices for the supply of Sales Gas to the Buyer shall be raised in United States Dollars (USD) and payment shall be made: (a) in USD to CEHL to their designated account or accounts (in relation to its percentage interest share not exceeding 100% in aggregate as set out in the Sales Gas invoice from time to time); and (b) in Indian Rupees (INR) to ONGC and Vedanta to the credit of their designated account(s) with a bank in India (in relation to their respective percentage interest share not exceeding 100% in aggregate as set out in the Sales Gas invoice from time to time). (c) the cumulative percentage interest share of Sellers shall not exceed one hundred (100%) percentage. 10.5 In relation to payments to be made in INR, the rate of exchange to be applied to convert the invoiced amount in USD to an amount expressed in INR shall be average of the daily exchange rate as published by Financial Benchmarks India Private Limited applicable for the Term of the Agreement Fortnight during which supply of Sales Gas is made. For the settlement of GNT amount and Price Adjustment amount, The Fortnightly average of the daily exchange rate for relevant quarter will be considered. The exchange rate so calculated shall be rounded off to two decimal places. 10.6 All duties, taxes, levies mentioned in the invoice to be paid to designated bank account mentioned in the invoice in INR by applying exchange rate in accordance with clause 10.5 of the Agreement. 10.7 On the Due Date if ▇▇▇▇▇Buyer’s bank is closed but Sellers’ Sellers banks are open, ▇▇▇▇▇ Buyer will arrange remittance on or before the Due Date. In case, if both ▇▇▇▇▇Buyer’s and Sellers’ banks are closed on the said Due Date, the payment can be made on the following day of the aforesaid Due Date. In case, if both the Buyer and Sellers banks are closed for two or more consecutive days, any payment due on the first day shall be made on the day prior to the Due Date of payment and any such payment due on the second or any following day shall be made on the first working day following such closure. 10.8 In case Sellers raises the invoice after three (3) Days i.e. after 18th of every Month for supplies made during the first Fortnight and after 3rd of every Month for supplies made during the second Fortnight then Due Date shall be extended by the number of Day(s) by which invoice has been delayed beyond the stipulated three (3) Days, provided that the Buyer has submitted all the requisite data to the Sellers to raise the invoice latest by 1800 hours of 16th of every Month and 1800 hours 1st of every Month for the first and second Fortnight respectively. 10.9 If the Buyer has a bona fide dispute as to any amount, quantity, value or sum mentioned in an invoice (the “Disputed Item”), the Buyer shall notify the Sellers in writing within two seven (27) days Days of receiving the invoice. The notice shall specify the Disputed Item and the reasons why the Buyer disputes such item. Whether or not any sum is disputed, the Buyer shall make payment of the entire invoice amount as per Clause 10.310. 10.9 The Sellers and the Buyer shall resolve the Disputed Item as provided for in accordance with Clause 17. The amount agreed or determined to be due in relation to the Disputed Item shall be paid within fourteen (14) days from the date that the Dispute Item is resolved. If a dispute is decided in favour of ▇▇▇▇▇, Sellers shall refund the overpayment within fourteen (14) days following resolution of the Dispute Item and Sellers shall pay interest at the Interest calculated for each day as per Clause 10.10 for the period from the day that the overpayment is made by Buyer until the date of refund by ▇▇▇▇▇▇▇. 10.10 If a Party fails to pay any sum due and owing under this Agreement by the Due Date, the interest on that sum shall accrue from the date when such payment was due, until the date the payment is finally made. The Interest shall be calculated, in the case of INR payments as SBI one-month Marginal Cost of Funds based Lending Rate (SBI MCLR) applicable on the due date plus five percentage (5%) points compounded for the Term of the Agreement, and in case of USD payments as LIBOR (6-month United States Dollars LIBOR as published by Reuters and applicable on the due date) plus five percentage (5%) points compounded quarterly.

Appears in 1 contract

Sources: Gas Sales Agreement

Billing and Payment. 10.1 10.1. Based on the Tickets for the Term of the Agreement Fortnight during which Sales Gas was supplied, within three (3) days from the End Datestart of the following Fortnight, the Sellers’ Representative Seller shall raise an invoice on the Buyer for the quantity of Sales Gas delivered to the Buyer at the Delivery PointPoint in the preceding Fortnight. 10.2 10.2. The invoice for each Fortnight shall set out among other things: (a) the quantities of Sales Gas delivered to the Buyer (in SCM and MMBTU) including AGS if applicable; (b) GNT the debit/ credit note in lieu of Quarterly Take & Pay Obligation and Quarterly Price Adjustment shall be issued in the 1st Fortnight after the end of each Quarter. It will contain the details of QGNT Quantity, GNT QGNT Amount, Make up Makeup Gas and Sellers Quarterly Seller Supply Deficiency, Quarterly Price Adjustment as the case may be if applicable;. (c) the Daily Gross Calorific Value of Sales Gas referred above in Kilocalories per SCM; (d) the amount of taxes, if anyTaxes, payable by the Buyer on the Sales Gas delivereddelivered during the Fortnight; (e) 10.3. Invoicing shall be done on Fortnightly basis and the interest on delayed payment for previous invoices, if any. 10.3 Buyer shall make the payment on or before the “Due Date” which shall be 26th May 202322nd of every Month for the supplies made during the first Fortnight and 7th of every following Month for the supplies made during the second Fortnight of any Month. 10.4 10.4. Invoices for the supply of Sales Gas to the Buyer shall be raised in United States Dollars (USD) and payment shall be made: (a) in USD to CEHL to their designated account or accounts (in relation to its percentage interest share not exceeding 100% in aggregate as set out in the Sales Gas invoice from time to time); and (b) made in Indian Rupees (INR) to ONGC and Vedanta to the credit of their designated account(s) with a bank in India (in relation to their respective percentage interest share not exceeding 100% in aggregate as set out in the Sales Gas invoice from time to time)India. (c) the cumulative percentage interest share of Sellers shall not exceed one hundred (100%) percentage. 10.5 10.5. In relation to payments to be made in INR, the rate of exchange to be applied to convert the invoiced amount in USD to an amount expressed in INR shall be average of the daily exchange rate as published by Financial Benchmarks India Private Limited applicable for the Term of the Agreement Fortnight during which supply of Sales Gas is made. For the settlement of GNT QGNT amount and Quarterly Price Adjustment amount, average of the daily exchange rate for relevant quarter will be considered. The exchange rate so calculated shall be rounded off to two decimal places. 10.6 10.6. All duties, taxes, levies Taxes mentioned in the invoice to be paid to designated bank account mentioned in the invoice in INR by applying exchange rate in accordance with clause Clause 10.5 of the Agreement. 10.7 On 10.7. For reasons not attributable to the Buyer, in case Seller raise the invoice after three (3) days i.e., after 18th of every Month for supplies made during the first Fortnight and after 3rd of every Month for supplies made during the second Fortnight then Due Date shall be extended by the number of day(s) by which invoice has been delayed beyond the stipulated three (3) days. 10.8. Before the Start Date, the Buyer shall provide primary billing details (specifying sales against C Form in case of interstate sales, if ▇▇▇▇▇’s bank is closed but Sellers’ banks are open, ▇▇▇▇▇ will arrange remittance on or applicable) for the purpose of issuing Fortnightly invoices. 10.9. The Buyer shall inform the Seller before the Due Datestart of each Month, if it plans to offtake Sales Gas from multiple billing address. In such case, Seller shall provide separate Ticket for such Days for multiple billing address, subject to Buyer confirming the required details including Sales Gas volume split before 1300 hours of the following day of such Gas Sales. Seller will be under no obligation to provide the separate gas Ticket if Buyer fails to comply with the aforementioned timeline. In case, if both ▇▇▇▇▇’s and Sellers’ banks are closed on Sales Gas volume split is not received from the said Due DateBuyer by 1300 hrs of the following day, the payment can be made on the following day of the aforesaid Due Date. In case, if both the Buyer and Sellers banks are closed for two or more consecutive days, any payment due on the first day Ticket shall be made on issued at the day prior to the Due Date of payment and any such payment due on the second or any following day shall be made on the first working day following such closureprimary billing details. 10.8 10.10. If the Buyer has a bona fide dispute as to any amount, quantity, value or sum mentioned in an invoice (the “Disputed Item”), the Buyer shall notify the Sellers Seller in writing within two seven (27) days of receiving the invoice. The notice shall specify the Disputed Item and the reasons why the Buyer disputes such item. Whether or not any sum is disputed, the Buyer shall make payment of the entire invoice amount as per Clause 10.3. 10.9 10.11. The Sellers Seller and the Buyer shall resolve the Disputed Item as provided for in accordance with Clause 17. The amount agreed or determined to be due in relation to the Disputed Item shall be paid within fourteen (14) days from the date that the Dispute Item is resolved. If a dispute is decided in favour of ▇▇▇▇▇, Sellers shall refund the overpayment within fourteen (14) days following resolution of the Dispute Item and Sellers shall pay interest at the Interest calculated for each day as per Clause 10.10 for the period from the day that the overpayment is made by Buyer until the date of refund by ▇▇▇▇▇▇▇. 10.10 If a Party fails to pay any sum due and owing under this Agreement by the Due Date, the interest on that sum shall accrue from the date when such payment was due, until the date the payment is finally made. The Interest shall be calculated, in the case of INR payments as SBI one-month Marginal Cost of Funds based Lending Rate (SBI MCLR) applicable on the due date plus five percentage (5%) points compounded for the Term of the Agreement, and in case of USD payments as LIBOR (6-month United States Dollars LIBOR as published by Reuters and applicable on the due date) plus five percentage (5%) points compounded quarterly.Clause

Appears in 1 contract

Sources: Gas Sales Agreement

Billing and Payment. 10.1 Based on the Tickets for the Term of the Agreement Fortnight during which Sales Gas was supplied, within three (3) days Days from the End Datestart of the succeeding Fortnight, the Sellers’ Representative Seller shall raise an invoice on the Buyer for the quantity of Sales Gas delivered to the Buyer at the Delivery PointPoint in the preceding Fortnight. 10.2 The invoice for each Fortnight shall set out among other things: (a) the quantities of Sales Gas delivered to the Buyer (in SCM and MMBTU) including AGS if applicable;. (b) GNT AGNT Quantity, GNT AGNT Amount, Make up Gas and Sellers Annual Seller Supply Deficiency, Price Adjustment Annual Shortfall Penalty (only in 1st Fortnight invoice of every Annual Year) as the case may be if applicable;. (c) the Daily Gross Calorific Heating Value of Sales Gas referred above in Kilocalories per SCM; (d) the amount of taxes, if any, payable by the Buyer on the Sales Gas delivereddelivered during the fortnight; (e) the interest on delayed payment for previous invoices, if any. 10.3 Invoicing shall be done on Fortnightly basis and the Buyer shall make the payment on or before the “Due Date” which shall be 26th May 202322nd of every Month for the supplies made during the first fortnight and 7th of every succeeding Month for the supplies made during the second fortnight of any Month. 10.4 Invoices for the supply of Sales Gas to the Buyer shall be raised in United States Dollars (USD) and payment shall be made: (a) in USD to CEHL to their designated account or accounts (in relation to its percentage interest share not exceeding 100% in aggregate as set out in the Sales Gas invoice from time to time); and (b) made in Indian Rupees (INR) to ONGC and Vedanta to the credit of their designated account(s) account with a bank in India (in relation to their respective percentage interest share not exceeding 100% in aggregate as set out in the Sales Gas invoice from time to time). (c) the cumulative percentage interest share of Sellers shall not exceed one hundred (100%) percentageIndia. 10.5 In relation to payments to be made in INR, the rate of exchange to be applied to convert the invoiced amount in USD to an amount expressed in INR shall be average of the daily exchange rate as published by Financial Benchmarks India Private Limited applicable for the Term of the Agreement Fortnight during which supply of Sales Gas is made. For the settlement of GNT AGNT amount and Price Adjustment Annual Shortfall Penalty amount, average of the daily exchange rate for relevant quarter contract year will be considered. The exchange rate so calculated shall be rounded off to two decimal places. 10.6 All duties, taxes, levies mentioned in the invoice to be paid to designated bank account mentioned in the invoice in INR by applying exchange rate in accordance with clause 10.5 of the Agreement. 10.7 On the Due Date if ▇▇▇▇▇’s bank is closed but SellersSeller’ banks are open, ▇▇▇▇▇ will arrange remittance on or before the Due Date. In case, if both ▇▇▇▇▇’s and SellersSeller’ banks are closed on the said Due Date, the payment can be made on the following day of the aforesaid Due Date. In case, if both the Buyer and Sellers Seller banks are closed for two or more consecutive days, any payment due on the first day shall be made on the day prior to the Due Date of payment and any such payment due on the second or any following day shall be made on the first working day following such closure. 10.8 In case Seller raises the invoice after three (3) Days i.e. after 18th of every Month for supplies made during the first Fortnight and after 3rd of every Month for supplies made during the second Fortnight then Due Date shall be extended by the number of Day(s) by which invoice has been delayed beyond the stipulated three (3) Days. 10.9 If the Buyer has a bona fide dispute as to any amount, quantity, value or sum mentioned in an invoice (the “Disputed Item”), the Buyer shall notify the Sellers Seller in writing within two seven (27) days Days of receiving the invoice. The notice shall specify the Disputed Item and the reasons why the Buyer disputes such item. Whether or not any sum is disputed, the Buyer shall make payment of the entire invoice amount as per Clause 10.310. 10.9 The Sellers and the Buyer shall resolve the Disputed Item as provided for in accordance with Clause 17. The amount agreed or determined to be due in relation to the Disputed Item shall be paid within fourteen (14) days from the date that the Dispute Item is resolved. If a dispute is decided in favour of ▇▇▇▇▇, Sellers shall refund the overpayment within fourteen (14) days following resolution of the Dispute Item and Sellers shall pay interest at the Interest calculated for each day as per Clause 10.10 for the period from the day that the overpayment is made by Buyer until the date of refund by ▇▇▇▇▇▇▇. 10.10 If a Party fails to pay any sum due and owing under this Agreement by the Due Date, the interest on that sum shall accrue from the date when such payment was due, until the date the payment is finally made. The Interest shall be calculated, in the case of INR payments as SBI one-month Marginal Cost of Funds based Lending Rate (SBI MCLR) applicable on the due date plus five percentage (5%) points compounded for the Term of the Agreement, and in case of USD payments as LIBOR (6-month United States Dollars LIBOR as published by Reuters and applicable on the due date) plus five percentage (5%) points compounded quarterly.

Appears in 1 contract

Sources: Gas Sale Agreement

Billing and Payment. 10.1 10.1. Based on the Tickets for the Term of the Agreement Fortnight during which Sales Gas was supplied, within three (3) days from the End Datestart of the succeeding Fortnight, the Sellers’ Representative shall raise an invoice on the Buyer for the quantity of Sales Gas delivered to the Buyer at the Delivery PointPoint in the preceding Fortnight. 10.2 10.2. The invoice for each Fortnight shall set out among other things: (a) the quantities of Sales Gas delivered to the Buyer (in SCM and MMBTU) including AGS if applicable; (b) GNT MGNT Quantity, GNT MGNT Amount, Make up Gas and Quarterly Sellers Supply Deficiency, Quarterly Price Adjustment (only in 1st Fortnight invoice of every Quarter) as the case may be if applicable; (c) the Daily Gross Calorific Value of Sales Gas referred above in Kilocalories per SCM; (d) the amount of taxes, if any, payable by the Buyer on the Sales Gas delivereddelivered during the Fortnight; (e) the interest on delayed payment for previous invoices, if any. 10.3 10.3. Invoicing shall be done on Fortnightly basis and the Buyer shall make the payment on or before the “Due Date” which shall be 26th May 202322nd of every Month for the supplies made during the first Fortnight and 7th of every succeeding Month for the supplies made during the second Fortnight of any Month. 10.4 10.4. Invoices for the supply of Sales Gas to the Buyer shall be raised in United States Dollars (USD) and payment shall be made: (a) in USD to CEHL to their designated account or accounts (in relation to its percentage interest share not exceeding 100% in aggregate as set out in the Sales Gas invoice from time to time); and (b) in Indian Rupees (INR) to ONGC and Vedanta to the credit of their designated account(s) with a bank in India (in relation to their respective percentage interest share not exceeding 100% in aggregate as set out in the Sales Gas invoice from time to time). (c) the cumulative percentage interest share of Sellers shall not exceed one hundred (100%) percentage. 10.5 10.5. In relation to payments to be made in INR, the rate of exchange to be applied to convert the invoiced amount in USD to an amount expressed in INR shall be average of the daily exchange rate as published by Financial Benchmarks India Private Limited applicable for the Term of the Agreement Fortnight during which supply of Sales Gas is made. For the settlement of GNT MGNT amount and Quarterly Price Adjustment amount, average of the daily exchange rate for relevant month/ quarter will be considered. The exchange rate so calculated shall be rounded off to two decimal places. 10.6 10.6. All duties, taxes, levies ▇▇▇▇▇▇ mentioned in the invoice to be paid to designated bank account mentioned in the invoice in INR by applying exchange rate in accordance with clause 10.5 of the Agreement. 10.7 10.7. On the Due Date if ▇▇▇▇▇’s bank is closed but Sellers’ banks are open, ▇▇▇▇▇ Buyer will arrange remittance on or before the Due Date. In case, if both ▇▇▇▇▇’s and Sellers’ banks are closed on the said Due Date, the payment can be made on the following day of the aforesaid Due Date. In case, if both the Buyer and Sellers banks are closed for two or more consecutive days, any payment due on the first day shall be made on the day prior to the Due Date of payment and any such payment due on the second or any following day shall be made on the first working day following such closure. 10.8 10.8. In case Sellers raise the invoice after three (3) days i.e., after 18th of every Month for supplies made during the first Fortnight and after 3rd of every Month for supplies made during the second Fortnight then Due Date shall be extended by the number of day(s) by which invoice has been delayed beyond the stipulated three (3) days. 10.9. If the Buyer has a bona fide dispute as to any amount, quantity, value or sum mentioned in an invoice (the “Disputed Item”), the Buyer shall notify the Sellers in writing within two seven (27) days of receiving the invoice. The notice shall specify the Disputed Item and the reasons why the Buyer disputes such item. Whether or not any sum is disputed, the Buyer shall make payment of the entire invoice amount as per Clause 10.3. 10.9 10.10. The Sellers and the Buyer shall resolve the Disputed Item as provided for in accordance with Clause 17. The amount agreed or determined to be due in relation to the Disputed Item shall be paid within fourteen (14) days from the date that the Dispute Item is resolved. If a dispute is decided in favour of ▇▇▇▇▇, Sellers shall refund the overpayment within fourteen (14) days following resolution of the Dispute Item and Sellers shall pay interest at the Interest calculated for each day as per Clause 10.10 10.11 for the period from the day that the overpayment is made by Buyer until the date of refund by ▇▇▇▇▇▇▇. 10.10 10.11. If a Party fails to pay any sum due and owing under this Agreement by the Due Date, the interest on that sum shall accrue from the date when such payment was due, until the date the payment is finally made. The Interest shall be calculated, in the case of INR payments as SBI one-month Marginal Cost of Funds based Lending Rate (SBI MCLR) applicable on the due date plus five percentage (5%) points compounded for the Term of the Agreementquarterly, and in case of USD payments as LIBOR CME Term SOFR (6-6 month United States Dollars LIBOR CME Term SOFR as published by Reuters CME group and applicable on the due date) plus five two percentage (52%) points compounded quarterly.

Appears in 1 contract

Sources: Gas Sales Agreement

Billing and Payment. 10.1 10.1. Based on the Tickets for the Term of the Agreement Fortnight during which Sales Gas was supplied, within three (3) days from the End Datestart of the succeeding Fortnight, the Sellers’ Representative shall raise an invoice on the Buyer for the quantity of Sales Gas delivered to the Buyer at the Delivery PointPoint in the preceding Fortnight. 10.2 10.2. The invoice for each Fortnight shall set out among other things: (a) the quantities of Sales Gas delivered to the Buyer (in SCM and MMBTU) including AGS if applicable; (b) GNT QGNT Quantity, GNT QGNT Amount, Make up Gas and Quarterly Sellers Supply Deficiency, Quarterly Price Adjustment (only in 1st Fortnight invoice of every Quarter) as the case may be if applicable; (c) the Daily Gross Calorific Value of Sales Gas referred above in Kilocalories per SCM; (d) the amount of taxes, if any, payable by the Buyer on the Sales Gas delivereddelivered during the Fortnight; (e) the interest on delayed payment for previous invoices, if any. 10.3 10.3. Invoicing shall be done on Fortnightly basis and the Buyer shall make the payment on or before the “Due Date” which shall be 26th May 202322nd of every Month for the supplies made during the first Fortnight and 7th of every succeeding Month for the supplies made during the second Fortnight of any Month. 10.4 10.4. Invoices for the supply of Sales Gas to the Buyer shall be raised in United States Dollars (USD) and payment shall be made: (a) made by Buyer in USD to CEHL to their designated account or accounts (in relation to its percentage interest share not exceeding 100% in aggregate as set out in the Sales Gas invoice from time to time); and (b) full in Indian Rupees (INR) to Vedanta, ONGC and Vedanta IPL to the credit of their designated account(s) accounts with a bank in India (in relation to their respective percentage interest share and cumulative Participating Interest share(s) not exceeding 100% in aggregate as set out in the Sales Gas invoice from time to time). (c) the cumulative percentage interest share of Sellers shall not exceed one hundred (100%) percentage. 10.5 10.5. In relation to payments to be made in INR, the rate of exchange to be applied to convert the invoiced amount in USD to an amount expressed in INR shall be average of the daily exchange rate as published by Financial Benchmarks India Private Limited applicable for the Term of the Agreement Fortnight during which supply of Sales Gas is made. For the settlement of GNT QGNT amount and Quarterly Price Adjustment amount, average of the daily exchange rate for relevant quarter will be considered. The exchange rate so calculated shall be rounded off to two decimal places. 10.6 10.6. All duties, taxes, levies ▇▇▇▇▇▇ mentioned in the invoice to be paid to designated bank account mentioned in the invoice in INR by applying exchange rate in accordance with clause 10.5 of the Agreement. 10.7 10.7. On the Due Date if ▇▇▇▇▇’s bank is closed but Sellers’ banks are open, ▇▇▇▇▇ Buyer will arrange remittance on or before the Due Date. In case, if both ▇▇▇▇▇’s and Sellers’ banks are closed on the said Due Date, the payment can be made on the following day of the aforesaid Due Date. In case, if both the Buyer and Sellers banks are closed for two or more consecutive days, any payment due on the first day shall be made on the day prior to the Due Date of payment and any such payment due on the second or any following day shall be made on the first working day following such closure. 10.8 10.8. In case Sellers raise the invoice after three (3) days i.e., after 18th of every Month for supplies made during the first Fortnight and after 3rd of every Month for supplies made during the second Fortnight then Due Date shall be extended by the number of day(s) by which invoice has been delayed beyond the stipulated three (3) days. 10.9. If the Buyer has a bona fide dispute as to any amount, quantity, value or sum mentioned in an invoice (the “Disputed Item”), the Buyer shall notify the Sellers in writing within two seven (27) days of receiving the invoice. The notice shall specify the Disputed Item and the reasons why the Buyer disputes such item. Whether or not any sum is disputed, the Buyer shall make payment of the entire invoice amount as per Clause 10.3. 10.9 10.10. The Sellers and the Buyer shall resolve the Disputed Item as provided for in accordance with Clause 1718. The amount agreed or determined to be due in relation to the Disputed Item shall be paid within fourteen (14) days from the date that the Dispute Item is resolved. If a dispute is decided in favour of ▇▇▇▇▇, Sellers shall refund the overpayment within fourteen (14) days following resolution of the Dispute Item and Sellers shall pay interest at the Interest calculated for each day as per Clause 10.10 10.11 for the period from the day that the overpayment is made by Buyer until the date of refund by ▇▇▇▇▇▇▇. 10.10 10.11. If a Party fails to pay any sum due and owing under this Agreement by the Due Date, the interest on that sum shall accrue from the date when such payment was due, until the date the payment is finally made. The Interest shall be calculated, in the case of INR payments as SBI one-month Marginal Cost of Funds based Lending Rate (SBI MCLR) applicable on the due date plus five percentage (5%) points compounded for the Term of the Agreement, and in case of USD payments as LIBOR (6-month United States Dollars LIBOR as published by Reuters and applicable on the due date) plus five percentage (5%) points compounded quarterly.

Appears in 1 contract

Sources: Gas Sale Agreement

Billing and Payment. 10.1 10.1. Based on the Tickets for the Term of the Agreement Fortnight during which Sales Gas was supplied, within three (3) days from the End Datestart of the following Fortnight, the Sellers’ Representative Seller shall raise an invoice on the Buyer for the quantity of Sales Gas delivered to the Buyer at the Delivery PointPoint in the preceding Fortnight. 10.2 10.2. The invoice for each Fortnight shall set out among other things: (a) the quantities of Sales Gas delivered to the Buyer (in SCM and MMBTU) including AGS if applicable; (b) GNT the debit/ credit note in lieu of Monthly Take & Pay Obligation and Quarterly Price Adjustment shall be issued in the 1st Fortnight after the end of each Month/ Quarter. It will contain the details of MGNT Quantity, GNT MGNT Amount, Make up Makeup Gas and Sellers Quarterly Seller Supply Deficiency, Quarterly Price Adjustment as the case may be if applicable;. (c) the Daily Gross Calorific Value of Sales Gas referred above in Kilocalories per SCM; (d) the amount of taxes, if any, Taxes payable by the Buyer on the Sales Gas delivereddelivered during the Fortnight; (e) 10.3. Invoicing shall be done on Fortnightly basis and the interest on delayed payment for previous invoices, if any. 10.3 Buyer shall make the payment on or before the “Due Date” which shall be 26th May 202322nd of every Month for the supplies made during the first Fortnight and 7th of every following Month for the supplies made during the second Fortnight of any Month. 10.4 10.4. Invoices for the supply of Sales Gas to the Buyer shall be raised in United States Dollars (USD) and payment shall be made: (a) in USD to CEHL to their designated account or accounts (in relation to its percentage interest share not exceeding 100% in aggregate as set out in the Sales Gas invoice from time to time); and (b) made in Indian Rupees (INR) to ONGC and Vedanta to the credit of their designated account(s) with a bank in India (in relation to their respective percentage interest share not exceeding 100% in aggregate as set out in the Sales Gas invoice from time to time)India. (c) the cumulative percentage interest share of Sellers shall not exceed one hundred (100%) percentage. 10.5 10.5. In relation to payments to be made in INR, the rate of exchange to be applied to convert the invoiced amount in USD to an amount expressed in INR shall be average of the daily exchange rate as published by Financial Benchmarks India Private Limited applicable for the Term of the Agreement Fortnight during which supply of Sales Gas is made. For the settlement of GNT MGNT amount and Quarterly Price Adjustment amount, average of the daily exchange rate for relevant month/quarter will be considered. The exchange rate so calculated shall be rounded off to two decimal places. 10.6 10.6. All duties, taxes, levies Taxes mentioned in the invoice to be paid to designated bank account mentioned in the invoice in INR by applying exchange rate in accordance with clause Clause 10.5 of the Agreement. 10.7 On 10.7. For reasons not attributable to the Buyer, in case Seller raise the invoice after three (3) days i.e., after 18th of every Month for supplies made during the first Fortnight and after 3rd of every Month for supplies made during the second Fortnight then Due Date shall be extended by the number of day(s) by which invoice has been delayed beyond the stipulated three (3) days. 10.8. Before the Start Date, the Buyer shall provide primary billing details (specifying sales against C Form in case of interstate sales, if ▇▇▇▇▇’s bank is closed but Sellers’ banks are open, ▇▇▇▇▇ will arrange remittance on or applicable) for the purpose of issuing Fortnightly invoices. 10.9. The Buyer shall inform the Seller before the Due Datestart of each Month, if it plans to offtake Sales Gas from multiple billing address. In such case, Seller shall provide separate Ticket for such Days for multiple billing address, subject to Buyer confirming the required details including Sales Gas volume split before 1300 hours of the day of supply of such Gas Sales. Seller will be under no obligation to provide the separate gas Ticket if Buyer fails to comply with the aforementioned timeline. In case, if both ▇▇▇▇▇’s and Sellers’ banks are closed on Sales Gas volume split is not received from the said Due DateBuyer within the specified timeline, the payment can be made on the following day of the aforesaid Due Date. In case, if both the Buyer and Sellers banks are closed for two or more consecutive days, any payment due on the first day Ticket shall be made on issued at the day prior to the Due Date of payment and any such payment due on the second or any following day shall be made on the first working day following such closureprimary billing details. 10.8 10.10. If the Buyer has a bona fide dispute as to any amount, quantity, value or sum mentioned in an invoice (the “Disputed Item”), the Buyer shall notify the Sellers Seller in writing within two seven (27) days of receiving the invoice. The notice shall specify the Disputed Item and the reasons why the Buyer disputes such item. Whether or not any sum is disputed, the Buyer shall make payment of the entire invoice amount as per Clause 10.3. 10.9 10.11. The Sellers Seller and the Buyer shall resolve the Disputed Item as provided for in accordance with Clause 17. The amount agreed or determined to be due in relation to the Disputed Item shall be paid within fourteen (14) days from the date that the Dispute Item is resolved. If a dispute is decided in favour of ▇▇▇▇▇, Sellers Seller shall refund the overpayment within fourteen (14) days following resolution of the Dispute Item and Sellers Seller shall pay interest at the Interest calculated for each day as per Clause 10.10 for the period from the day that the overpayment is made by Buyer until the date of refund by ▇▇▇▇▇▇▇. 10.10 If a Party fails to pay any sum due and owing under this Agreement by the Due Date, the interest on that sum shall accrue from the date when such payment was due, until the date the payment is finally made. The Interest shall be calculated, in the case of INR payments as SBI one-month Marginal Cost of Funds based Lending Rate (SBI MCLR) applicable on the due date plus five percentage (5%) points compounded for the Term of the Agreement, and in case of USD payments as LIBOR (6-month United States Dollars LIBOR as published by Reuters and applicable on the due date) plus five percentage (5%) points compounded quarterly.Clause

Appears in 1 contract

Sources: Gas Sales Agreement

Billing and Payment. 10.1 Based on the Tickets for the Term of the Agreement Fortnight during which Sales Gas was supplied, within three two (32) days Days from the End Datestart of the succeeding Fortnight, the Sellers’ Representative shall raise an invoice on the Buyer for the quantity of Sales Gas delivered to the Buyer at the Delivery PointPoint in the preceding Fortnight. 10.2 The invoice for each Fortnight shall set out among other things: (a) the quantities of Sales Gas delivered to the Buyer (in SCM and MMBTU) including AGS if applicable; (b) GNT MGNT Quantity, GNT MGNT Amount, Make up Makeup Gas and Monthly Sellers Supply Deficiency, Monthly Price Adjustment (only in 1st Fortnight invoice of every Month) as the case may be if applicable; (c) the Daily Gross Calorific Value of Sales Gas referred above in Kilocalories per SCM; (d) the amount of taxes, if any, payable by the Buyer on the Sales Gas delivereddelivered during the Fortnight; (e) the interest on delayed payment for previous invoices, if any. 10.3 Invoicing shall be done on Fortnightly basis and the Buyer shall make the payment on or before the “Due Date” which shall be 26th May 202322nd of every Month for the supplies made during the first Fortnight and 7th of every succeeding Month for the supplies made during the second Fortnight of any Month. 10.4 Invoices for the supply of Sales Gas to the Buyer shall be raised in United States Dollars (USD) and payment shall be made: made by Buyer in full in Indian Rupees (aINR) in USD to CEHL Vedanta, ONGC and IPL to the credit of their designated account or accounts with a bank in India (in relation to its percentage interest share their respective and cumulative Participating Interest share(s) not exceeding 100% in aggregate as set out in the Sales Gas invoice from time to time); and (b) in Indian Rupees (INR) to ONGC and Vedanta to the credit of their designated account(s) with a bank in India (in relation to their respective percentage interest share not exceeding 100% in aggregate as set out in the Sales Gas invoice from time to time). (c) the cumulative percentage interest share of Sellers shall not exceed one hundred (100%) percentage. 10.5 In relation to payments to be made in INR, the rate of exchange to be applied to convert the invoiced amount in USD to an amount expressed in INR shall be average of the daily exchange rate as published by Financial Benchmarks India Private Limited applicable for the Term of the Agreement Fortnight during which supply of Sales Gas is made. For the settlement of GNT MGNT amount and Monthly Shortfall Price Adjustment amount, average of the daily exchange rate for relevant quarter Monthly will be considered. The exchange rate so calculated shall be rounded off to two decimal places. 10.6 All duties, taxes, levies mentioned in the invoice to be paid to designated bank account mentioned in the invoice in INR by applying exchange rate in accordance with clause 10.5 of the Agreement. 10.7 On the Due Date if ▇▇▇▇▇’s bank is closed but Sellers’ banks are open, ▇▇▇▇▇ will arrange remittance on or before the Due Date. In case, if both ▇▇▇▇▇’s and Sellers’ banks are closed on the said Due Date, the payment can be made on the following day of the aforesaid Due Date. In case, if both the Buyer and Sellers banks are closed for two or more consecutive days, any payment due on the first day shall be made on the day prior to the Due Date of payment and any such payment due on the second or any following day shall be made on the first working day following such closure. 10.8 In case Sellers raise the invoice after two (2) Days i.e. after 17th of every Month for supplies made during the first Fortnight and after 2nd of every Month for supplies made during the second Fortnight then Due Date shall be extended by the number of Day(s) by which invoice has been delayed beyond the stipulated two (2) Days. 10.9 If the Buyer has a bona fide dispute as to any amount, quantity, value or sum mentioned in an invoice (the “Disputed Item”), the Buyer shall notify the Sellers in writing within two seven (27) days Days of receiving the invoice. The notice shall specify the Disputed Item and the reasons why the Buyer disputes such item. Whether or not any sum is disputed, the Buyer shall make payment of the entire invoice amount as per Clause 10.3. 10.9 10.10 The Sellers and the Buyer shall resolve the Disputed Item as provided for in accordance with Clause 1718. The amount agreed or determined to be due in relation to the Disputed Item shall be paid within fourteen (14) days from the date that the Dispute Item is resolved. If a dispute is decided in favour of ▇▇▇▇▇, Sellers shall refund the overpayment within fourteen (14) days Business Days following resolution of the Dispute Item and Sellers shall pay interest at the Interest calculated for each day as per Clause 10.10 10.11 for the period from the day that the overpayment is made by Buyer until the date of refund by ▇▇▇▇▇▇▇Sellers. 10.10 10.11 If a Party fails to pay any sum due and owing under this Agreement by the Due Date, the interest on that sum shall accrue from the date when such payment was due, until the date the payment is finally made. The Interest shall be calculated, in the case of INR payments as SBI one-month Marginal Cost of Funds based Lending Rate (SBI MCLR) applicable on the due date plus five percentage (5%) points compounded for the Term of the Agreement, and in case of USD payments as LIBOR (6-month United States Dollars LIBOR as published by Reuters and applicable on the due date) plus five percentage (5%) points compounded quarterly.

Appears in 1 contract

Sources: Gas Sale Agreement

Billing and Payment. 10.1 Based on the Tickets for the Term of the Agreement Fortnight during which Sales Gas was supplied, within three (3) days Days from the End Datestart of the succeeding Fortnight, the Sellers’ Representative shall raise an invoice on the Buyer for the quantity of Sales Gas delivered to the Buyer at the Delivery PointPoint in the preceding Fortnight. 10.2 The invoice for each Fortnight shall set out among other things: (a) the quantities of Sales Gas delivered to the Buyer (in SCM and MMBTU) including AGS if applicable; (b) GNT QGNT Quantity, GNT QGNT Amount, Make up Gas and Quarterly Sellers Supply Deficiency, Quarterly Price Adjustment (only in 1st Fortnight invoice of every Quarter) as the case may be if applicable; (c) the Daily Gross Calorific Value of Sales Gas referred above in Kilocalories per SCM; (d) the amount of taxes, if any, payable by the Buyer on the Sales Gas delivereddelivered during the Fortnight; (e) the interest on delayed payment for previous invoices, if any. 10.3 Invoicing shall be done on Fortnightly basis and the Buyer shall make the payment on or before the “Due Date” which shall be 26th May 202322nd of every Month for the supplies made during the first Fortnight and 7th of every succeeding Month for the supplies made during the second Fortnight of any Month. 10.4 Invoices for the supply of Sales Gas to the Buyer shall be raised in United States Dollars (USD) and payment shall be made: (a) in USD to CEHL to their designated account or accounts (in relation to its percentage interest share not exceeding 100% in aggregate as set out in the Sales Gas invoice from time to time); and (b) in Indian Rupees (INR) to ONGC and Vedanta to the credit of their designated account(s) with a bank in India (in relation to their respective percentage interest share not exceeding 100% in aggregate as set out in the Sales Gas invoice from time to timetime ). (c) the cumulative percentage interest share of Sellers shall not exceed one hundred (100%) percentage. 10.5 In relation to payments to be made in INR, the rate of exchange to be applied to convert the invoiced amount in USD to an amount expressed in INR shall be average of the daily exchange rate as published by Financial Benchmarks India Private Limited applicable for the Term of the Agreement Fortnight during which supply of Sales Gas is made. For the settlement of GNT QGNT amount and Quarterly Price Adjustment amount, average of the daily exchange rate for relevant quarter will be considered. The exchange rate so calculated shall be rounded off to two decimal places. 10.6 All duties, taxes, levies mentioned in the invoice to be paid to designated bank account mentioned in the invoice in INR by applying exchange rate in accordance with clause 10.5 of the Agreement. 10.7 On the Due Date if ▇▇▇▇▇Buyer’s bank is closed but Sellers’ banks are open, ▇▇▇▇▇ Buyer will arrange remittance on or before the Due Date. In case, if both ▇▇▇▇▇Buyer’s and Sellers’ banks are closed on the said Due Date, the payment can be made on the following day of the aforesaid Due Date. In case, if both the Buyer and Sellers banks are closed for two or more consecutive days, any payment due on the first day shall be made on the day prior to the Due Date of payment and any such payment due on the second or any following day shall be made on the first working day following such closure. 10.8 In case Sellers raise the invoice after three (3) Days i.e. after 18th of every Month for supplies made during the first Fortnight and after 3rd of every Month for supplies made during the second Fortnight then Due Date shall be extended by the number of Day(s) by which invoice has been delayed beyond the stipulated three (3) Days. 10.9 If the Buyer has a bona fide dispute as to any amount, quantity, value or sum mentioned in an invoice (the “Disputed Item”), the Buyer shall notify the Sellers in writing within two seven (27) days Days of receiving the invoice. The notice shall specify the Disputed Item and the reasons why the Buyer disputes such item. Whether or not any sum is disputed, the Buyer shall make payment of the entire invoice amount as per Clause 10.3. 10.9 10.10 The Sellers and the Buyer shall resolve the Disputed Item as provided for in accordance with Clause 17. The amount agreed or determined to be due in relation to the Disputed Item shall be paid within fourteen (14) days from the date that the Dispute Item is resolved. If a dispute is decided in favour of ▇▇▇▇▇, Sellers shall refund the overpayment within fourteen (14) days following resolution of the Dispute Item and Sellers shall pay interest at the Interest calculated for each day as per Clause 10.10 for the period from the day that the overpayment is made by Buyer until the date of refund by ▇▇▇▇▇▇▇. 10.10 If a Party fails to pay any sum due and owing under this Agreement by the Due Date, the interest on that sum shall accrue from the date when such payment was due, until the date the payment is finally made. The Interest shall be calculated, in the case of INR payments as SBI one-month Marginal Cost of Funds based Lending Rate (SBI MCLR) applicable on the due date plus five percentage (5%) points compounded for the Term of the Agreement, and in case of USD payments as LIBOR (6-month United States Dollars LIBOR as published by Reuters and applicable on the due date) plus five percentage (5%) points compounded quarterly.Clause

Appears in 1 contract

Sources: Gas Sale Agreement